...Key facts: In case 36, Bruce Carson is designing a road between two large cities in an unspecified state. He determines that the shortest route to construct the road would be through the land and farmhouse of the Jones family. The farm has been in the Jones' family for 150 years. The building the road using the route though the farmhouse would reduce the commute time between cities to one hour forty minutes from a two hour drive. The owner, Robert Jones, is 63 years old and was raised on the farm and has lived in that farm house his whole life. He is not willing to sell the farm for any amount of recompense. However, Bruce thinks that he can have the state acquire the land using "eminent domain". Key concepts: Some of the key concepts of this case are the public's health, safety, and welfare; as well compassion,...
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...allowed to be robbed from their private property by the government! On May 24, the City Council of Dallas discussed item #11 on its agenda. Item #11 involves a case of eminent domain in which the council wants to low-ball an individual landowner out of his property to construct a ‘much needed’ waterline. For years, the owner, Monty Bennett, a wealthy businessman who founded the Ashford Hospitality Trust, has sued the council. He urges the Council to construct said pipeline around his property instead of right through it. Bennett’s family purchased the land in 1955. In order to protect his land, Bennett has constructed a cemetery on his property for under Texas Law 711.035 cemeteries are exempt from "taxation, seizure by creditors and eminent domain."...
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...In this case, the parties asked the court to focus on the legitimacy of a local government’s exercise of its power of eminent domain. Eminent domain is a power of the government to take land for public use. Under an agreement with the town of Monroe, North Carolina, the town of Midland began to acquire the rights of way to local land for the installation of a natural gas pipeline. Under the agreement, Midland could—if it chose—tap the line at a discounted price. Midland used its eminent domain authority to condemn the property. Fifteen property owners challenged the action in a North Carolina state court. The court ruled in Midland’s favor. The owners appealed, claiming that Midland's condemnation was not for public use or benefit, because the town had no concrete plan to tap the line. Therefore, the main issue was...
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...Julia Lemon's versus Eminent Domain Devaira Welch Social Studies Mrs. Chidester March11, 2015 Abstract What would you do and how would you feel if someone stole your property and home. In most cases this would be unlawful theft. But the government and big companies uses lawful theft under the eminent domain law. Eminent Domain is a legal way for the government and big companies to steal your property and home. How would you feel if someone stole your property and home? In most cases this would be unlawful theft. But the government uses lawful theft to do just that. Eminent domain also known as the right for the government to take your property and home for the public good, it is the power of the state to snatch a person’s land for public...
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...This case is about Kelo v. City of New London. The first case on the issue of eminent domain was Norwood v. Horney. A developer named Jeffrey Anderson decided that he wanted to expand his real estate empire that was worth 500,000,000. He wanted to build condominiums, office space, and a chain of stores to replace the well-kept neighborhood where Carl and Joy Gamble and other IJ clients lived. In the article “Norwood, OH Eminent Domain,” “After choosing to bulldoze the Gamble’s neighborhood for his private gain, Anderson initiated and paid for a “study” the Norwood government used to declare the well-kept neighborhood “deteriorating” so it could use eminent domain under Ohio law.” Under urban renewal laws and the Ohio Constitution, eminent domain...
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...Contracts Case Study: Property Martha Sparks April 19, 2013 Introduction In this case study, Barney is a client that running into an extreme case of misfortune facing several issues that must be resolved in court. The issues will be outlined below with information to help properly set Barney's expectations of his upcoming battle to keep his possessions. I have grouped the issues based on the calls listed to the attorney in the case study. Issue #1 - mountain property that is currently in process of foreclosing includes a squatter Barney is on his way out to his mountain property to do some fly fishing when he was welcomed by a hostile participant. Barney tried to explain that he had the deed to prove the property belonged to him. The hostile participant responded by saying he had lived on the property for some 20 years and that it belonged to him. According to "North Carolina General Assembly" (2013), "No action for the recovery or possession of real property, or the issues and profits thereof, shall be maintained when the person is in possession thereof, or defendant in action, or those under whom he claims, has possessed the property under known and visible lines and boundaries adversely to all other persons for 20 years..." (1-40. twenty years adverse possession). According to "Court of Appeals of North Carolina" (2013), “the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period” (para. 12). Ernest...
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...Poor Barney Barney has finally decided to retire after many years in law enforcement, and Barney has done relatively well and setting himself up for a good retirement by participating in some early life real estate investments (Tailer, 2014, para.1). Barney owns some property in the North Carolina mountains as well as property on North Carolina’s coast. Unfortunately, Barney has some issues that will need to be addressed both legally and spiritually while attempting to clean his rights in regards to his property. The main legal issues in this case study are eminent domain, adverse possession, joint tenancy, and good-faith purchases of value. Co-Ownership Joint ownership of property occurs when more than one person holds entitlement of a property at the same time....
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...recommendations to the governing body. They can be appealed only in court. Comprehensive Plan is a local government's general guide to a community's growth and development based on the community's goals and objectives. Concurrency is the requirement that public facilities and services, including roads, sewers and schools be available at the same time new development is completed Condemnation is the legal procedure involved with eminent domain, the right of government to acquire private property, without the owner's consent, for public use in exchange for just compensation. Dedicated (property) is the conveyance of property form a private owner to government for public use. Common examples are the dedication of streets, parks, or other areas to local government in the course of subdivision development. Economic and Environmental Impact Statements studies the effect that a new development will have on the economy or the environment of the region. Effective Tax Rate (property tax) is the tax liability divided by the properties market value or sales price. Eminent domain is the power of the government to take private property for public use...
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...DB THREAD - PROPERTY Barney, like many retirees, is looking forward to enjoying the reward of his labor as well as the fruits of his investments in relative comfort. Although, one cannot control economic down shifts that undermine 401Ks, diminish stock portfolios or plummet real estate markets to unprecedented lows; it behooves all to seek out wise financial counsel. Anything can happen in financial management and investing. Wisdom, awareness, education and personal responsibility are necessary tools to hopefully ensure one’s retirement planning stays on target. “Fools think they need no advice, but the wise listen to others” Proverbs 12: 15 (New Living Translation). Regretfully, for Barney, he appears to become complacent over the years and allowed his investments to rather flounder unsupervised. The scripture is clear; we are responsible for our actions as well as our in-actions or sadly, complacency. “Look carefully then how you walk. Live purposefully and worthily and accurately, not as the unwise and witless, but as wise (sensible, intelligent people)…..Therefore do not be vague and thoughtless and foolish, but understanding and firmly grasping what the will of the Lord is” Ephesians 5: 15 and 17 (Amplified Bible). Barney’s joint tenancy with a right of survivorship with old friends appears to have hit a snag. One of the deceased owner’s sons, Opie, has assumed his father’s interest as denoted in his father’s will. Furthermore, the son utilized his perceived property as collateral...
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...have no professional structure. What is the difference between these two terms and why are they so important? Microeconomic is the main study of economics in a market. It takes a close look on how consumers are using their money and to what extent they are willing to go to obtain these products. Many people every day of course buy the essential needs. Gas, food, water, and anything else an individual needs to get through their day. What are the consumers buying the most of in relates to brands? How much are they buying and how many people purchase these items and of course how much are they spending. In micro economics we take all this information into account. This is essential when a company is either releasing a new product or changing their prices. Usually the data we gather from current sales of your competition in a certain market will reflect your company as well. Competition is a widely familiar term in America. It is also a very repeated study between company’s. A normal business pays large attention to their competitors because it determines a normal grossing of sales. If you think about, every sale that goes to another company could have been a sale to a different business. They like to gather information about why the customer chose this company, and how it differentiates from them. Microeconomics also studies market failure, why a certain product doesn’t sale. Many elements can determine why a product doesn’t sell, price, quality, features, and what...
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...a comparative analysis of policies and political aspects of transportation planning and housing planning with particular interest in the imperative role the urban planning has played in ensuring sustainable development. 2.0- Annotated Bibliography Ankner, W. (2005). Revisiting Transportation Planning. Public Works Management & Policy, 9(4), 270-277. The author revisits the contextual reality surrounding the U.S. transportation planning. Ankner (2005) examines the existing transportation planning models as well as decision-making tools, in supporting the view that the U.S. urban planning framework is either too divided or too limited in scope, thus, incapable of attaining the intended transportation goals. The source will inform the study by availing analytical context of the U.S. transportation system, and the legal and environmental frameworks which influences the planning decisions. Also, the source will avail recommendation on how the governments, at local, federal or state level, would capitalize on transportation system as informed by technological, demographics, and globalization issues affecting urban regions. Galster, G....
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...DISCUSSION BOARD FORUM 3 CASE STUDY Topic: Property Barney has finally decided to retire after many years on the job as a deputy in a small North Carolina town and as a detective in the “big city” of Raleigh, NC. Though Barney sometimes appeared to be a bumbling law enforcement officer, it turns out that he was a dutiful saver and a shrewd investor who now owns an interest in a second home on the North Carolina coast as well as some prime real estate in the North Carolina mountains. Barney purchased the mountain property some 31 years ago as joint tenants with a right of survivorship with his old friends Andy, Floyd, and Howard. All of the friends have passed away, and Barney has not been back to the property in more than 20 years. Andy had apparently indicated in his will that he was leaving his interest in the property to his son Opie, and, a few years back, Opie took out a personal loan using his alleged interest in the property as collateral. When Opie defaulted on the loan last month, the lender initiated a legal action to foreclose on the property. Barney hired an old friend with whom he used to go to church (who is now an attorney in Raleigh) to address the lender’s legal action. The matter is still pending. Remembering that a trout-filled stream ran through the property, Barney decided to do a little fly-fishing. Driving out to the property, Barney was surprised to see smoke rising from the stone chimney of a little cabin that some unknown person had constructed...
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...of the study derived from the findings and discussion, and offers some recommendations which may give some inputs for future studies which concern about the benefit and challenge of the implementation of the 2013 Curriculum (Revised Version 2016) in the context of classroom practice of teaching English in Indonesia. 5.1 Conclusion As stated in chapter 1, the focus of this study is to analyze the conformity of the elements one to another in the teacher’s lesson plans which implemented the 2013 Curriculum (Revised Version 2016) and to reveal the consideration taken by the teacher in designing lesson plans that accommodate the demand of 2013 Curriculum (Revised Version...
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...Subject: Analysis of a Professional Journal Date: Mar, 31, 2016 Introduction I am evaluating a journal article titled: Algorithmic accountability. The article was published in Digital Journalism, in November 7, 2014. The author of the article is Nicholas Diakopoulos from College of Journalism, University of M aryland . Evaluation This article focuses on the concept of “Algorithmic Accountability Reporting” as a way of investing biases and influences employed by algorithms in todays society and how new age computational journalists should approach it. This article is directed at journalists who are scrutinizing algorithms to understand biases and false analysis portrayed by algorithms. The article is well structured. Text is organized in coherent sections which logically connects the entire article. The article starts with the brief introduction which outlines the points which will be covered in the article. Introduction also answers the questions of – what is this article about, who is the target audience, what are the current issues faced in journalism and how methods described in this article will help address those issue. Author, then mentions few real world examples of software companies which collect user data and then build ingenious algorithms to classify, group and eventually target people for their benefits – and how in doing so – they often open risks and flaws. The author exposes potential flaws by raising very valid questions about the decisions made...
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...Gifted Education International 1993 Vol. 9, pp. 68-77 © 1993 A B Academic Publishers C. June Maker, The University of Arizona, USA creativity, intelligence, and problem solving: a defmition and design for cross-cultural research and measurement related to giftedness Abstract A new definition of giftedness is proposed based on a review of the constructs of intelligence, creativity, and problem solving. A research design employed in a series of studi~s of giftedness in children and adults is presented, along w1th a summary of important results. Finally, implications of the design for both research and practice are outlined. Intelligence A central concept in many theories and definitions of intelligence is solving problems or adaptation to one's environment. Although the phrase "problem solving" is not always found, the concept of "adaptation" or "ability to adapt", a central concept in many definitions (Binet & Simon, 1909 (cited in Terman, 1916); Boynton, 1933; Colvin, 1921; French, 1962; Piaget, 1981; Pintner, 1921; Stern, 1914; Wechsler, 1941 ), implies that individuals encounter situations (problems) to which they must devise ways of reacting. Thus, they are solving problems. Later theorists and researchers revised these general concepts of "adaptation" by adding the idea of adapting to the cultural as well as the biological environment (Laboratory of Comparative Human Cognition, 1982_; Goodnow, 1976; Charlesworth, 1976; Olson, 1976; Ne1sser...
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