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Regulatory Taking, Eminent Domain, Real Property

Both the Missouri and US Constitutions prohibit the “taking” of private property without just compensation. A “taking” can occur in a variety of situations. It is not just when a government seizes possession of property. A “regulatory taking” occurs when a government regulation goes too far. Clay County ex rel. County Com’n v. Harley and […]

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Bona Fide Purchasers, Ownership-Title Disputes

Property ownership disputes can be complex, particularly in the context of real estate. It is not uncommon for there to be an improper or defective conveyance of real estate that goes unnoticed, and then there are several subsequent transfers of the same property between different people. For this reason, it is important to record all […]

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Deed Reformation, Mutual Mistake: Real Estate

To reform a deed means to correct an error. This is separate from filing a correction deed in that it is a formal request to a court for equitable relief. ¬†Although a reformation can be granted in a variety of circumstances, the most common is when there is a mutual mistake (one that is common […]

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