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1 Answer | Asked in Tax Law, Energy, Oil and Gas, Land Use & Zoning and Landlord - Tenant for Minnesota on
Q: Hotel City and State lodging tax over 30 consecutive days. Outdoor energy, and parking lot rules. Pet pees.

living in a hotel for 9months. I found out from another guest, after 30 consecutive days of living here, we should be exempt for paying state and city lodging tax. They continued to charge us and say we need to bring paper work from the county to prove that. Can I get a refund for that? They charge... View More

James L. Arrasmith
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answered on Aug 15, 2024

If you’ve stayed in the hotel for more than 30 consecutive days, you might indeed be exempt from paying state and city lodging taxes. You should check your local laws, and if the exemption applies, you could be entitled to a refund for those taxes. You may need to gather documentation showing... View More

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Louisiana on
Q: What does this mean in La.R. S. 48:491 D.

What does the last sentence of this mean ? D. Notwithstanding any other provisions of law to the contrary, any road or street used by the public is a public road or street provided it is designated as such by the local governing authority, and it shall be within the discretion of the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 9, 2024

More context is needed or we are guessing what information you are exactly seeking, however, my guess is that the local governing authority has a map and/or a list of roads/streeets it identifies as public----and all are public roads with the exception being if any of those roads identified--or... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for California on
Q: My dad died and gave me an RV that sits on my moms property code enforcement wants to remove it he's dead do I have to?
James L. Arrasmith
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answered on Aug 6, 2024

I'm sorry to hear about your loss. Under California law, the enforcement of property codes can be stringent, even in cases involving personal property like an RV. Since the RV is on your mom's property, local code enforcement can still require its removal if it violates zoning or land use... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: A household member committed a crime and was arrested on the property of an apartment we are leasing, can we be evicted?

The household member had recently been charged with wanton endagerment, and criminal mischief to a place outside of the property we are renting, and they gave us a 14 day notice to quit the premises stating kentucky statute 383.660, The one arrested isn't going to be coming back to premises,... View More

Timothy Denison
Timothy Denison
answered on Aug 29, 2024

Yes, although you may have some defenses. Consult an attorney and give him all the facts of your case before you take any action.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Allodial title to my property my full ownership and tax laws. Also I am retired.
James L. Arrasmith
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answered on Aug 5, 2024

Allodial title refers to a property ownership concept where the owner holds the land free and clear of any superior landlord. In the United States, true allodial title is virtually non-existent. Instead, most property ownership is under a fee simple title, which means you have complete ownership... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Can an RV unit be parked on property and used as a recording studio or storage space without being a dwelling in Sonoma?

We have two RVs on our property in Sonoma County and wish to have one for rent or registered as a caretaker unit and the second as a recording studio/private writing den and storage space. Is that allowed, would both still be considered a dwelling, would the second one have to be unplugged and... View More

James L. Arrasmith
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answered on Jul 26, 2024

In Sonoma County, the use of RVs on your property has specific regulations. Using an RV as a recording studio or storage space without using it as a dwelling might be permissible, but there are certain conditions you need to meet. Generally, for an RV not to be considered a dwelling, it must not be... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Massachusetts on
Q: Can a deed to jointly owned property have language requiring all owners consent prior to any owner selling their share?

Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More

Anthony M. Avery
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answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Above ground propane tank is below SDGE electrical lines with easement. Please see details below.

I have a quick legal question and would like your opinion. We live in Fallbrook, CA with big lots and open space but a fire zone. Unfortunately, we need to be on propane tank system. The tank is below SDGE electrical lines. Last November they mailed a letter saying it needs to be moved. I’m fine... View More

James L. Arrasmith
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answered on Jul 22, 2024

Under California law, the responsibility for moving the propane tank generally depends on the terms of the easement and the specific circumstances surrounding the installation of the tank and the power lines. Since the tank was originally installed in the 1970s and possibly replaced in 2003, it is... View More

1 Answer | Asked in Immigration Law, Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: What lawyer do I need for house condemnation?

My house was condemned unfairly. It is not unsafe or unsanitary. My kids and I are now homeless. I appealed and have a hearing in August. City officials are saying I don't have a chance no matter what I do. Even if I do what they are saying is making it condemned. How can I fight this? I need... View More

James L. Arrasmith
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answered on Jul 18, 2024

You need to consult a real estate attorney who has experience dealing with property disputes and local government regulations. This type of lawyer can help you understand the specifics of your case, gather necessary evidence, and represent you at your hearing in August. They can also challenge any... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Gifted land deed not in my name yet and owner to other acres bought land say they own mine to whats my rights
Anthony M. Avery
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answered on Jul 16, 2024

The owner of the land that you think might be yours later must hire an AL attorney file a Quiet Title and Ejectment action against the adjoining landowner. Time and possession witnesses are critical. Title Searches of both properties are needed, and possibly a survey. You apparently have no... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: My neighbors cut down several trees in their backyard which caused a different tree to fall on my home. Are they liable?

The back yards are wooded and on slight incline. They also dug out a foundation and start building another house. They dug right next to the tree that fell on my house which softened the dirt and killed some roots.

Kent Bailey
Kent Bailey
answered on Jul 13, 2024

Additional information is required in order to provide a complete response. Is the tree located on your property or your neighbors? What is the extent of the damage to your home? Are you sure the fallen tree was caused by the activity of your neighbors? I would recommend speaking with an... View More

1 Answer | Asked in Land Use & Zoning for Minnesota on
Q: Can I sue someone who has stolen land from me n put a fence around the land

Not sure what to do to be honest.

Robert Kane
Robert Kane
answered on Jul 10, 2024

Yes, you can sue someone who has stolen land from you n put a fence around the land. Unfortunately, you don't provide any facts.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: My neighbor recently had a survey done of the property line between our houses. She became very upset when my son walked

through her yard. There are now three rebar survey markers protruding above ground about eight inches with a pink string running the length of the property. Our terrain is very sloped and I am worried that someone could injure themselves if they fell on a marker. She refuses to remove the... View More

Anthony M. Avery
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answered on Jul 8, 2024

No...You have a possible boundary dispute. If you agree with the monumented corners, then those are your corners also. You can put rubber caps on them if you want.

2 Answers | Asked in Land Use & Zoning for California on
Q: Does a secluded, inactive parking lot attached to an inactive restaurant still classify as a parking lot?

I currently have two 40’ shipping containers that I am using for storage. These containers are currently sitting on some inactive parking spaces that are part of a shut down restaurant. I have received a citation (GGMC9.16.040.140(F)) making claim that they are sitting on parking spaces. These... View More

Robert Kane
Robert Kane
answered on Jul 5, 2024

I believe a secluded, inactive parking lot attached to an inactive restaurant is a parking lot.

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3 Answers | Asked in Business Formation, Business Law, Civil Litigation and Land Use & Zoning for California on
Q: Corporate building and parking lot is private own. We are having a charity event can the city charge a fee for permit?

My work is having a charity event and the city is saying they want to charge the company a fee for traffic flow and for the parking lot being blocked off for car show. But the building and parking lot is private own by corporate. Can the city charge for having an event on the business private... View More

Robert Kane
Robert Kane
answered on Jul 4, 2024

Yes, the city can charge for having an event on the business private property. A car show is well beyond the normal usage for which the property was zoned for.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Texas on
Q: Can my neighbor forcefully remove a "No Trespassing" sign posted outside of my apartment building? Landlord was notified

My landlord asked if I would purchase the sign and put it up and he would reimburse me. Of course I have no issue with this and did as he requested. This would be the second sign I have purchased and put up because my neighbor keeps taking it down and there has been no other previous issues with... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes, but that may be considered an act of criminal mischief. There is clearly some sort of dispute between your landlord and your neighbor the details of which you are unaware. I recommend that you avoid becoming too involved.

You should report to your landlord that you did as asked,...
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2 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Small Claims for New York on
Q: My landlord is demandind I remove my bird feeder on my private balcony, is that allowed?

Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2024

A landlord-tenant attorney could advise best, but your question remains open for three weeks. You're doing a kind thing for animals, especially in the winter, when food is scarce. However, your landlord would probably challenge your feeder on the grounds of disease prevention. Check with a L-T... View More

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1 Answer | Asked in Contracts and Land Use & Zoning for Michigan on
Q: Is there value for a deed for interment rights for 4 plots at Arborcrest Cemetery purchased in 1956 in Ann Arbor?
Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

Probably. Call the cemetery and find out. They would probably pay you something so that they can sell those spaces to someone else.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Arizona on
Q: I gave Jamison wells $40,000.00 for land . I moved here and now he wont parcel out the property for me. what do I do

I have signed receipts with witness signatures as well as text messages that he says I paid him for the property. I also have texts where he threatened my property so I got an injunction of harassment against him. As well as him threatening to kick me off of his property. without that parcel... View More

Anthony M. Avery
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answered on Jul 1, 2024

Why did you not get a Deed? Now you will have to sue seller for specific performance, and you must have perfect proof that you paid the agreed consideration. But why did you get an injunction without suing for the land? Hire an AZ attorney.

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