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Eminent Domain Cases

September 8th, 2015 10:40 pm

Eminent domain has become a hot issue in America over the years. When an eminent domain case makes the news, some fear their land could be next. While entirely legal as stated within the Constitution, it is also stated that land taken must be put towards public use. This would include schools and museums; however it appears that the line has become blurred. There have been several notable eminent domain cases that have crafted the law as we know it today.

Among the list of more notable eminent domain cases occurred in New York. The Penn Central Transportation Company was experiencing a decline in income from its Grand Central Terminal due to low railroad traffic in 1978. The company desiredto use the above air space to develop additional revenue income sources. Because of the building being on the U.S. National Register of Historic Places, the owners were required to present their plans to the Landmarks Preservation Commission. After reviewing the plans, the Commission ruled the changes couldn’t happen as they’d change the landmark too much. Penn Central sued, claiming that the government has used eminent domain to “take” their private property rights. The Supreme Court ruled against Penn Central, in short because the current use of the property was not harmed by government action. They were awarded no compensation and Penn Central was able to use the building the way it always had. Today it remains a viable economic boon.

One of the most well-known modern case occurred in 2005. Eminent domain was being used to take private homes in good condition not for public or government use, but for economic development. The resulting case, Kelo v City of New London was ruled in favor of the city and the homes were forfeited. The decision was made claiming “public use”, as the land would be developed for retail and benefit everyone within the city. The developer was unable to obtain financing and the land remains an empty lot with nothing having been built.

In 1986, David Lucas purchased two lots on the isle of Palms in South Carolina, with the intent to build residential homes on the land. However in 1988, state legislature enacted a law to guard the barrier islands, which barred Lucas from building on the land. He sued, claiming the government took his ability to gain from the land and left it useless. He was granted a sizable settlement. The state appealed and the Supreme Court ruled in favor of Lucas, as he had lost all economically beneficial uses of the land, and suffered a “taking”. This ruling created what is now called the “Takings Clause”.

There are numerous more eminent domain cases from all across the country. If you feel that eminent domain is affecting you, consider contacting an eminent domain lawyer. They are going to be well-versed in the laws and your rights. Make sure you exercise your rights and get the most from them.

Ways to Determine a Dependable Employment Lawyer

September 8th, 2015 10:39 pm

In the event of work-related disputes, you can seek the guidance of employment lawyer as this matter can be quite difficult. When it comes to this matter, not all lawyers can help you out. Therefore, one should be careful in selecting a NYC employment lawyer or else, things will only come to worse.

Experience and knowledge in taking care of employment related cases is the first factor that a plaintiff must consider when searching for employment attorneys. Aside from the number of years as lawyers, it is essential to determine if they already handled similar cases previously. With these qualities, one can be sure that odds in losing the case is lesser because they have experienced downfalls before and formulated solutions to stop those overviewed mistakes from happening again.

Federal and state laws are always being changed every once in awhile. Because of these modifications, people prefer hiring New York employment lawyers who are always updated with the alterations in employment laws. When your lawyer is giving methods based on outdated laws, then there’s a chance that you’ll lose in your employment-related proceedings.

Attitude is yet another factor that a complainant should think about in choosing an employment lawyer. Many lawyers give free consultation for the first meeting. It is during this time that you can assess your lawyer if he is really committed with the case that you’re into. You can easily tell that the NYC employment lawyer you’ve hired is uninterested because of the lack of passion and professionalism. A passionless and unimaginative lawyer, regardless of how good, is unlikely to do well in handling their client’s case.

Feel free to ask questions regarding your case when you meet up with the employment attorneys. Your lawyer should be able to hand you concise and simple to understand statements concerning your responsibilities, rights and legal options as the plaintiff. Considerably, these employment lawyers NYC will ensure to provide you with the written legal advice about your case. As such, the legal advice must provide a simple outline regarding the pros and cons found in your case. This helps employees see the bigger picture of their case, and to stay ready if they will be summoned for disciplinary meeting or tribunals.

The more complex a case is, the more time must be rendered. That’s why you ought to clear things about with your employment attorney regarding their payment. Moreover, the payment scheme should be clear, whether if it’s on an hourly basis or through a contingency arrangement. And if there’s still a long way before your case can be resolved, it’s far better to combine hourly and contingency payment. With this alternative, it will be possible for a clientele to compensate his NYC employment lawyerwithout emptying his pocket.

If you’re planning to get the services of employment attorneys via a law firm, then it is essential to check if they are Lexcel or ISO 9001 accredited. This kind of accreditation means that the firm is providing the highest standard of case management.