| Eminent Domain and the Public Use Doctrine |
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| Eminent domain refers to the power of a government entity to take private property. The power can be used by the federal government in the name of a federal agency or a branch of the military services. A state, county, city, village, or town can also use the power of eminent domain to take private property on its own behalf or on behalf of an agency of a governmental entity. In all cases, the governmental entity may only exercise the power of eminent domain, also called condemnation, if it needs the private property for a public use.More... |
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| Self-Help Remedy for Encroaching Branches or Roots |
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| Generally speaking, a property owner may cut back branches and roots that stray onto the property owner's land. The right of self-help, as it is called, is not found in state law, however; it derives from the common law.More... |
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| Real Estate Broker and Agent -- Definitions and Licensing |
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| Real estate agents are sales persons who usually work for a broker in exchange for a portion of the commission earned by the agent on a sale or purchase of real estate. Brokers usually work out of an independent business and arrange for sales of real estate.More... |
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| Foreign Investment in Real Property Tax Act FIRPTA |
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| In the year 1980, Congress enacted the Foreign Investment in Real Property Tax Act (FIRPTA). The law can be found at 26 U.S.C.S. § 1445. Briefly stated, the law provides that if a seller of real property is a "foreign person," the buyer must withhold a tax equal to 10% of the gross purchase price, unless an exemption applies under the law.
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| Escheat |
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| Briefly stated, the law of escheat mandates the reversion of an individual's property to the state in the event the individual dies without heirs or when the property is abandoned by the individual. The law of escheat applies to real property, as well as personal property.
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