Maumee Ohio Legal Blog

When the government needs to acquire private land for public use, it may need to exercise its power of eminent domain. Here, the government can seize an individual's property against his or her wishes in exchange for just compensation. The caveat is that the taking must be in furtherance of the public good, and the compensation given to the property owner must be just.

If you're thinking that these terms are a little vague, you're right. This is why they often serve as the subjects of eminent domain litigation in Ohio and across the nation. Many times, what the government considers to be in furtherance of the public good is not in line with the community's view on the matter. Also, the purpose of the taking must often be evaluated in light of the long-term prospects of its use. Additionally, while just compensation is often interpreted as fair market value, the market value of a piece of land can vary significantly depending on the property's uses and how a partial taking can affect the value of the property that isn't being taken.

One of the biggest reasons to engage in estate planning is to provide for your loved ones. After all, who is in a better position to determine who would benefit most from your money than you? But estate planning isn't about handing over a check to your spouse or your children. Instead, the process allows you to retain control over your assets so that they can be utilized on your terms. This control is powerful in a number of ways, but it is most readily apparent when leaving assets to an individual who may be at risk of quickly depleting those assets.

By utilizing a spendthrift trust, you can limit your estate's exposure to an individual who is susceptible to over-spending and poor financial management. Through a spendthrift trust, a specified amount is paid out to a beneficiary at certain intervals. This ensures that a beneficiary receives consistent payments that provide financial stability while at the same time protecting the integrity of the trust's assets for years to come.

The U.S. Constitution allows for the governmental taking of private property for public use, but only after "just compensation" is paid. This is known as eminent domain. This process may seem wholly unfair, and in some instances that is the case. However, eminent domain can be challenged in a number of ways. One way is to question whether private property is truly being taken for public use. Another commonly contested matter is what constitutes "just compensation."

The process of determining just compensation can be enormously complicated. While the goal of just compensation is to leave a property owner in the same financial position he or she would have been in if the taking never occurred, valuing a property and its depreciation due to government action can be challenging. To determine what constitutes just compensation, the parties involved typically try to calculate the fair market value of the land in question.

The carrying out of an estate plan can be shrouded in grief. Family members of a deceased individual are often struggling to find a way to cope with their loss, which oftentimes brings families together. Yet, when the details of an estate plan come to light, family members sometimes find themselves in a state of confusion and disbelief. To these individuals, the terms of an estate plan are counter to their expectations and their beliefs of what the testator wanted for the estate. These situations often lead to litigation.

Take, for example, the recently filed claim by two daughters of Pat Bowlen, the late owner of the Denver Broncos football team. They claim that the trust executed by Bowlen, which controls the team and its significant others, should be invalidated due to Bowlen lacking the mental capacity to know and appreciate what he was signing when he created the trust. Their attorney also claims that Bowlen may have been subjected to undue influence at the time of the trust's creation.