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Table Rock Lake, MO

Table Rock Lake, MO

First licensed as a real estate sales person in 1978, a real estate broker in 1984, and as an attorney in 1994, I’ve been exposed to about every aspect of real estate imaginable. As an agent, I sold houses and represented buyers and sellers, as a developer I built multi-family and commercial properties, as a mortgage banker I grew our company from a mortgage broker to a direct underwriter for FHA and VA loans. My loan officers over the years originated well over a thousand loans and most of their clients were real estate agents who referred their buyers to my company for financing; the financing made it possible for the deal to close and for the real estate agent to get paid.

When it comes to closing deals, for most real estate agents, it’s all about the money. Real estate agents work on commission and, when you work on commission, the house you sell and close, pays for all the time spent working on deals that never close. The commission salesperson tries to sell a high-priced property because the commission is based off the purchase price —the bigger the deal—the bigger the paycheck. The best way to make a big deal even bigger is to “double-end” the transaction—be the agent for both the Buyer and Seller—otherwise, be a Dual Agent!

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Overview

After the decision in Property Reserve, Inc. v. Superior Court property owners in California now have some added protection against intrusions upon their property by public agencies. The California Court of Appeal, on March 13, 2014, held that entry onto property for geological and environmental testing amounted to a taking under the state constitution. Prior to the Court’s ruling a public agency wishing to take property for some public improvement could enter onto a person’s land to conduct various geological and environmental tests prior to eminent domain proceedings. The public agency could interfere in a person’s possession and use of his property without due process of law and the Court deemed this to be an unlawful taking.

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Background

The State of California thought it would be a good idea to construct a tunnel to divert fresh water from Northern California to the thirsty population of Southern California. Since every tunnel needs land, California identified property impacted by the tunnel construction. With property now identified, California then needed to conduct feasibility studies concerning geological and environmental issues. Under California Code of Civil Procedure § 1245.010, California could lawfully enter property before commencing eminent domain proceedings to complete their desired geological and environmental studies after filing a petition with the court setting forth the amount of compensation the government determined reasonably compensated the property owners for the intrusion and damage to their property. After determining the merits of the petition the court would make a ruling and the State would tender a deposit. After the deposit was made California then had the right to enter the property and the property owner had to make a claim against the deposited funds for reimbursement.

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