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 Barneys 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 reporter to do some fly flashing 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 reporter 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” (201 3), “the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period” (Para. 12).
Ernest has clearly shown his actual and open possession by creating the cabin. The smoke from the cabin provided awareness that someone was present to anyone that passed by. He showed hostility by acting as If the property rule belonged to him and that he needed to protect it from whom he believed to be a trespasser with threats of violence through gunshot. I would legally advise Barney to let the banks processing the foreclosure aid in the expulsion of Ernest. That would allow Barney to communicate and work with Floyd and Hoard’s heirs to the property and see if they are able to pitch In and pay off the defaulted debt.
This could also help allow them to rewrite the deed to exclude Anta’s son People from repeating his mistakes. Thirdly, with the bank foreclosing, Barney Is only at risk of losing the reporter for the amount of the loan defaulted instead of losing the entire property to Ernest. This incident also will help remind the others of the property and to check in every now in then to prevent the property from being taken. This is an unfortunate, yet common Issue that many Americans and more so banks are facing amidst the economy.
Issue #2 – beach house at risk for being taken by eminent domain for future resort Barney left his mountain property frazzled and headed towards his beach house. Along the way, he say advertisements of an upcoming “Nickelodeon Family Resort”. As he approaches his neighborhood, he sees many of the houses already in process of being demolished. Pulling into his driveway, Barney sees the notification from the local authorities that his house is being taken over by eminent domain to create new business and Jobs to the community. He Is assured by the town attorney that he would receive full market value for his home.
As his attorney, I recommend Tanat we go to court to Talent Tort Keeping ownership AT ten none. According to “North Carolina General Assembly” (2013), the definition of eminent domain “means the power to divest right, title or interest from the owner of property ND vest it in the possessor of the power against the will of the owner upon the payment of Just compensation for the right, title or interest divested” (AAA-2. Definitions). In the case of Keel v City of New London, the court held that the economic project created new Jobs, increased tax and other city revenues while revitalization the depressed urban area.
The project served as a public purpose, thus qualifying as public use (Keel v New London, 2013). Where I believe that we might have an upper hand on this is the area and homes are not in a blighted or depressed area. In a similar case in Lakewood, Ohio, the Eaglets were about to have their home, along with their neighbors’ homes, taken to build new higher end condominiums. The mayor of the city had pressed for the new development as a way to strengthen the tax base. In the end, the Lakewood residents were able to reject the proposed development, remove the “blight” label from their neighborhood and also voted the mayor out (Lung, 2009).
Yes, the new resort would create Jobs to manage the resort, and increase the city’s income and taxes, however, the area does not qualify as one hat requires this sort of enhancement. As stated in the “Institute For Justice” (2013) website ” The Justification the City had offered for the takings was that a new development would create more Jobs and taxes, but keep this in mind: anyone’s home or small business would generate more taxes as a shopping mall. If that can justify such takings, then literally no home or business would be safe from this kind of abuse at the hands of government (Para. ). Should Barney be unable to win the opportunity to keep his home, fighting at least gives the chance to help get the best available amount for what qualifies as full market value. Issue #3 – Auto theft gone wrong While Barney is at local town authorities fighting for his beach property, he bumps into an old girlfriend. He invites her to a fancy restaurant for dinner despite their casual attire. As Barney pulls up, he hands the keys over to the valet and escorts his date in. Once they realize that they are indeed undressed, they request the valet to pull Barney’s 1963 Ford Galaxies around.
He quickly learns that his car has been stolen. Barney does the right thing by immediately filing a police report. As time asses, Barney’s car was recovered at a Classic Car show. The man showing the car had purchased the vehicle from a dealership, who in turned purchased the car from the man that stole the car at the restaurant. In this particular instance, it seems that all parties are temporarily out of luck. The man that purchased the vehicle from the dealership will be able to get his money back from the dealership, as it is their responsibility to clear all titles before selling.
This shows negligence on their part. Should the dealership choose, they can take the thief to court on charges of selling a talent vehicle for Class 3 misdemeanors (“North Carolina General Assembly”, 2013). Because Barney holds the true title to his vehicle, he will be able to receive his car back and could possibly suit the dealership for any damages (mileage, etc) that had been done to his vehicle while stolen. Barney will need to have patience as the police will need to have the car and process it as criminal evidence before clearing giving it back to Barney.
Luckily, Barney’s car insurance should be able to provide a rental and ten local attenuators wall Nell NV receive Deck want Is reluctantly Nils. Spiritual respective: God will always prevail no matter the situation In the book of 1 Kings 21, the story of Nabob’s vineyard is an example of eminent domain in the Bible times. King ABA went to Nabobs requesting the vineyard to increase production of herbs and offered him compensation for the vineyard (1 Kings 21 :2) Nabobs declined the offer, sending ABA home to have a temper. Abs wife, Siebel, encouraged him to go take it, reminding him that he is the King.