Can Business Owners Receive Compensation For Eminent Domain?

Local, state and the federal government have the authority of eminent domain, which means that they can take private land for “public use” and in exchange for just compensation. Some private companies or individuals may also be granted the power to condemn private property for redevelopment, oil and gas pipelines and other utilities. If the government has contacted you about taking your property through eminent domain, seeking the counsel of skilled Pennsylvania real estate lawyers who are also well-versed in business law is vital to ensure your rights are protected and you receive the compensation to which you are entitled.

Just Compensation for Your Property and Expenses

So what exactly does “just compensation” mean if you’re a business or property owner who relies on income that involves your property? According to Pennsylvania Eminent Domain Code, ‘just’ is “the difference between the fair market value of the property owner’s entire property interest immediately before the condemnation and the fair market value of the property interest immediately after the condemnation.”

The legal issues surrounding compensation for eminent domain are complex. You may challenge the valuation of your property; however, it is not a good idea to attempt negotiations without experienced business lawyers by your side. An attorney will guide you through the procedures required to challenge the valuation and fight to ensure you receive fair and reasonable compensation not only for your property, but for relocation and business expenses as well.

Damages for Relocation and Actual Reasonable Expenses

Under Pennsylvania law, all acquiring agencies must pay damages for relocation “in a manner which is fair and reasonable, and as uniform as practicable.” Certain types of small businesses, farms and non-profit organizations are also entitled to recover actual reasonable expenses of reestablishing their enterprise at a new location.

Although this law may seem straightforward, disputes between the business owner and acquiring agency often arise. Relocation costs vary widely, depending on the type of business. For example, a law firm may only need to move furniture, files and office equipment and supplies, so most of their expenses may result from reestablishment. Businesses are also entitled to receive compensation for items such as business cards, stationery and marketing materials that require a new address.

However, a manufacturing company may have large machines made specifically for a particular type of operations. Moving large machinery is difficult, expensive and may not be possible in some situations. If a business has to purchase new equipment or cease operation, they deserve to receive just compensation for their losses.

Calculating Relocation Expenses

Calculating all of your relocation expenses can be extremely difficult. Many property and business owners underestimate all of the expenses that they will incur if they are forced to move. Regardless of how big your business is, consulting knowledgeable lawyers for real estate transactions involving eminent domain is a must. An attorney will understand how to properly calculate your losses and can help you identify all of the possible avenues for compensation. Your legal team may also employ appraisal experts who specialize in eminent domain cases. Their assessments can aid in negotiations or in court. Many construction contract lawyers are quite adept at handling these types of contentious cases as well.

Are you facing loss of your property or business due to eminent domain? Our experienced legal team at Carosella & Associates can help you recover full compensation for your property and business expenses.

This blog was originally posted at https://carosella.com/can-business-owners-receive-compensation-for-eminent-domain/

Does Your Estate Plan Need a Checkup?

Although having an estate plan in place is vital, it is also important to review it and make any necessary updates on a regular basis. Ever-changing state and federal inheritance and income tax law can affect your estate plan in both positive and negative ways. Consulting with your estate planning attorneys at least once a year, when a major life event happens or when you’re aware of changes in the law ensures that you can take advantage of valuable planning opportunities that may save your beneficiaries money and maximize their inheritance.

Reviewing Your Estate Plan

Circumstances change frequently in life. The birth of a new child, divorce, the passing of a spouse or making changes to a business succession plan are all good reasons to promptly bring your estate plan up to date. Asking yourself these questions can help you determine whether or not you should contact your wills and trusts lawyers to do a thorough review.

• Have you recently been divorced or married?
• Has a new child or grandchild joined your family?
• Have your children moved out or back into your home?
• Have your children been married or divorced?
• Have any beneficiaries or the executor of your will died?
• Has your relationship with any beneficiaries or executors changed significantly?
• Has the physical or mental health of your beneficiaries or executor declined?
• Have you moved to a different state?
• Have your financial circumstances changed significantly?
• Have you purchased any major assets such as vehicle?
• Have you sold, bought or mortgaged real estate or a business?
• Have you received an inheritance?
• If you own a business, has anything changed? (passing of a partner, selling of a business)
• Have you bought or sold a significant amount of stocks, bonds or other financial products?
• Have changes in federal or state laws affected your tax and estate planning?
• Have you changed your mind about what you want to do with certain assets?
• Would you like to change your amount of charitable giving?
• Do your beneficiaries need protection from creditors?
• Have you thought about setting up trusts for beneficiaries?
• Have your thoughts changed on who will make your financial, medical and end-of-life decisions in the event of your incapacitation?
• Do you want to alter your specified arrangement plans in the event of your death?

If you answered “yes” to one or more of these questions, sit down with your probate and estate lawyers to talk about which types of changes (if any) should be made in your estate plan. It is also essential to update the contact information for executors, beneficiaries, trustees, business associates, financial planners and any others who may be involved in your estate plan. Making sure your estate plan is accurate and updating this information will give you peace of mind and make it easier on your family when it comes time to settle your estate.

At Carosella & Associates, our experienced estate planning attorneys can help you create or update an estate plan that benefits you and your family.

This blog was originally posted at https://carosella.com/does-your-estate-plan-need-a-checkup/

Levels of Drug Charges in PA

Being charged with a drug crime can have serious consequences including hefty fines, loss of your driver’s license, a permanent felony record and mandatory prison time. Seeking the counsel of an experienced criminal defense lawyer who understands the complexities of the court system and levels of drug charges in Pennsylvania can ensure that your rights are protected. A good defense attorney may even be able to help you get charges reduced or dismissed.

Types of Drug Charges

Pennsylvania drugs are separated into schedules based on the level of risk or addiction. Penalties for drug convictions often depend what schedule they fall under. There are two general categories of drug charges in Pennsylvania – simple possession or possession with intent to deliver(PWID).  PWID charges are more serious and come with stiffer penalties.

Possession of Marijuana: Marijuana possession is a misdemeanor in PA.  If you possess 30 grams or less, you face a maximum penalty of up to 30 days in jail, and a fine of $500.  For possession of more than 30 grams, the maximum penalties are up to one year in jail, $5000 in fines and an automatic six-month suspension of your driver’s license.  First-time offenders may be eligible for probation. Subsequent convictions can double the penalties listed above.

Sale or Distribution of Marijuana: Selling or distributing more than 30 grams of marijuana is a felony and carries penalties of up to five years in prison and $15,000 in fines. Cultivation of marijuana  is also a felony that can come with similar penalties. If you are charged with selling marijuana within 1000 feet of a school or within 250 feet of a playground you may face 2-4 years in prison, and if you are caught selling to or using a minor to distribute marijuana, penalties may be doubled. Penalties for selling or trafficking hashish are the same as the penalties for marijuana.

Municipalities such as Philadelphia and Pittsburgh have decriminalized possession of marijuana in small amounts, but you can still face charges if you are in possession of more than 30 grams.  Although marijuana is now legal for medical use in Pennsylvania, you must have a valid medical marijuana card and purchase it only at a licensed dispensary.

Drug Paraphernalia

Possession of paraphernalia is a crime. It includes anything used or intended to be used for planting, propagating, cultivating, growing harvesting, manufacturing, packing and storing. For example: baggies, roach clips, rolling papers, bongs, blenders, needles and scales. Penalties can be a maximum of one year in prison and a $2500.00 fine. If you are charged with providing paraphernalia to a minor, you face a two year prison sentence and a $5000.00 fine.

Possession and PWID of other Controlled Substances

Pennsylvania and the federal government divide drugs into five different schedules. Pennsylvania also assigns mandatory jail sentences to those convicted of dealing certain drugs. Mandatory sentences are left to the discretion of the prosecutor. Having one of the best criminal attorneys in Eastern PA represent you can make all the difference when it comes to negotiating your sentence with prosecutors.

Schedule I, II and III drugs such as heroin, cocaine, meth, LSD, ecstasy, and narcotic prescription drugs like Oxycontin or illegal steroids come with varying penalties. You may face up to one year in prison and a $5,000 fine for a first possession offense. Jail time and fines increase with multiple offenses.

Any PWID charge for a drug that is derived from an opiate or chemical synthesis may result in a felony charge, up to 15 years in prison and up to a $250,000 fine. For PCP, meth or cocaine, you could face up to 10 years and a $100,000 fine. Recently, the surging number of deaths due to the opioid crisis has led prosecutors to charge more and more people with “Death by Drug Delivery,” a first-degree felony in PA.

If you or a loved one is facing charges for a drug crime, our experienced defense attorneys in West Chester can help. Contact Carosella & Associates to learn more.

This blog was originally posted at https://carosella.com/levels-of-drug-charges-in-pa/