Unless you were directly affected by it, you may not have heard of the “Map Act,” but it’s at the center of the biggest eminent domain law case in the world right now. The Map Act was originally passed in the late 80s to allow cities to put development restrictions on land that they were intending to use for future roadways—basically the government could call “dibs” on land that they wanted to use without having to put any money towards that reservation.
This may have seemed like a good idea at the time, as it would prevent new construction in areas where new roadways were planned. This meant that the city would be able to spend less money purchasing the land, and new developments wouldn’t have to be torn down in order to make way for the new road.
However, the big problem here was that it might take years or even decades for the city to be ready to actually purchase the land. Which meant it was very difficult for landowners to sell or develop their land. Land in protected areas became less valuable and, in some cases, unsalable.
Many people felt that the loss of property value was a bigger problem than the eventual cost to the cities for the price of land, so earlier this year the N.C. Court of Appeals ruled that the Map Act was in fact a case of the government taking private property, and the U.S. requires compensation. The state, unhappy with this outcome, appealed the Court of Appeals ruling to the North Carolina Supreme Court. The North Carolina Supreme Court agreed with the Court of Appeals: the Map Act was in violation of the landowners’ rights.
The North Carolina Supreme Court also ordered that the landowners affected by the law receive the difference in the value of their land before and after the law was passed. It is estimated that the government will have to pay around $200 million in compensation.
One of the most important things to consider when going through a divorce is “what happens to our assets and debts?” The division of marital assets and debts is referred to as Equitable Distribution. Here “equitable” means fair rather than a 50/50 split, so it’s important to note that the court has discretion to determine what is equitable or not. It is also made without regard for child support or alimony.
When making an Equitable Distribution of property the court usually follows a three-step process:
An Equitable Distribution must be filed before a judgment for absolute divorce is entered. (The judgment is entered when it is reduced to writing, signed by the judge and filed with the clerk of court). The failure to assert a claim for equitable distribution prior to the entry of a divorce judgment will bar the right to assert an equitable distribution claim except in certain narrow circumstances. Here are some factors that the court takes into consideration when determining whether the division is equitable (though this is certainly not an exhaustive list):
South Carolina summers bring with them extreme heat and extreme humidity. If you’re one of the many people in South Carolina who work outdoors, you know exactly how demanding the South Carolina summer can be.
As you might imagine, if you work outdoors you’re at higher risk for heat-related health problems, but what you might not know is that heat-related illnesses are in fact covered by workers’ compensation. If you’re involved in heavy physical labor, then you’re most prone to occupational diseases caused by working in high temperatures.
Heat related illnesses to watch out for are:
If you feel the symptoms of any of these conditions coming on while at work, take a break immediately. Find a cool, shady area to rest and rehydrate. If the symptoms are severe (such as seizures), call 911 immediately.
Even if you don’t think you’re experiencing these symptoms, if you work outdoors in high temperatures, be sure that you’re taking frequent breaks either indoors or in the shade—give yourself time away from the sun. Drink plenty of water to ensure that you’re staying hydrated and cool. Both of these measures can help prevent dehydration and heat related illnesses such as heatstroke. If you develop a heat-related illness, seek immediate medical treatment.
When it comes to child custody cases I often have clients ask, “When is it appropriate to modify the terms of child custody or child support?” Of course, in these situations, modifications should only be made with your child’s best interests in mind. So the steps needed to get any kind of modification approved involve evaluating your child’s needs.
There are two main types of child custody agreements: contract and court ordered. We’re going to focus on court ordered custody agreements, as there is no ability for modification with a contract between two parties.
To make changes to a court ordered child custody agreement either both parties must agree on the modification or there must be evidence of a significant change in circumstances that affect the welfare of the child and that a modification is in the best interest of the child.
It falls upon the parent requesting the modification to provide evidence to support their child’s change of circumstances. For example some things that could support a request are:
Of course, this is not a complete list. There are many additional things that could support modifying a custody agreement. The main thing to keep in mind is: are your child’s needs and best interests being considered and accommodated?
Modifications to child support agreements require a significant loss in income for the party responsible. Some factors that may be considered are:
However, be aware that as with child custody cases, decisions will be made with your child’s best interests in mind.
If you have any questions about child custody or child support, don’t hesitate to consult an attorney. Make sure that both your rights and your child are being protected.
If you are in the middle of a workers’ compensation claim, there may come a time when you realize that you cannot return to your job. Many of our clients can no longer perform the job they once had and so they need to begin thinking about what kind of work they can do once they are able. The question we most often hear in this case is whether or not they should be job searching during an active workman’s comp claim.
The answer is yes—absolutely.
Many clients don’t understand the importance of job searching because they think it is counterintuitive. They believe that having work restrictions means no work at all. The thing to remember is that the Workers’ Compensation Commission sees this very differently. They need to see that you are doing everything you can to get back on your feet. It is critical to your case that you start applying for jobs as soon as your attorney advises you to do so. At Oxner + Permar, we routinely recommend looking for at least three to five jobs per week. The goal is to demonstrate to the Commission that you are invested in getting back to work as soon as you are physically able. Your attorney can advise you on what types of jobs you should be looking for and how to best document your search.
