Sioux Falls Eminent Domain Lawyer, South Dakota


Joseph P. Hogue Lawyer

Joseph P. Hogue

VERIFIED
Business, Bankruptcy & Debt, Real Estate, Accident & Injury, Employment

Joe Hogue joined Cutler Law Firm, LLP as an associate in 2013 and became a Partner in the firm in 2020. He is a native of Sloan, Iowa, and graduated w... (more)

Lon J. Kouri

Construction, Estate Planning, Family Law, Insurance
Status:  In Good Standing           

Jeffrey D. Brekke

Corporate, Estate Planning, Real Estate
Status:  In Good Standing           

Ronald A. Parsons

Criminal, Estate Planning, Family Law, Real Estate
Status:  In Good Standing           
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Stephen C. Landon

Construction, Litigation, Civil Rights, Personal Injury
Status:  In Good Standing           

Kristi M. Laber

Commercial Real Estate, Private Schools, Business & Trade, Electronic Commerce
Status:  In Good Standing           

Paul W. Tschetter

Construction, Corporate, Credit & Debt, Personal Injury
Status:  In Good Standing           

Carrie M. Mees

Real Estate, Traffic, Lawsuit & Dispute, Immigration
Status:  In Good Standing           

Russ Janklow

Real Estate Other, Traffic, Workers' Compensation, Divorce & Family Law
Status:  In Good Standing           

Thomas J. Nicholson

Real Estate, Contract, Trusts, Wills & Probate
Status:  In Good Standing           

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LEGAL TERMS

GOODS & CHATTELS

See personal property.

EXECUTRIX

An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.

DEED IN LIEU (OF FORECLOSURE)

A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept... (more...)
A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept ownership of the property in place of the money owed on the mortgage. Even if the lender won't agree to accept the property, the homeowner can prepare a quitclaim deed that unilaterally transfers the homeowner's property rights to the lender.

BEQUEST

The legal term for personal property (anything but real estate) left in a will.

ESTATE

Generally, all the property you own when you die.

DEMURRER

A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbo... (more...)
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted. For example, you might file a demurrer if your neighbor sued you for parking on the street in front of her house. Your parking habits may annoy your neighbor, but the curb is public property and parking there doesn't cause any harm recognized by the law. After a demurrer is filed, the judge holds a hearing at which both sides can make their arguments about the matter. The judge may dismiss all or part of the lawsuit, or may allow the party who filed the lawsuit to amend its complaint. In some states and in federal court, the term demurrer has been replaced by 'motion to dismiss for failure to state a claim' (called a '12(b)(6) motion' in federal court) or similar term.

NET LEASE

A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.

EMINENT DOMAIN

The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the Unite... (more...)
The power of the federal or state government to take private property for a public purpose, even if the property owner objects. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is 'justly compensated' (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals or other public buildings. Sometimes called condemnation, taking or expropriation.

SERVIENT TENEMENT

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.