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Bad Munki
Nov 4, 2008

We're all mad here.


Maybe you can get it declared a national forest or some poo poo.

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randomidiot
May 12, 2006

by Fluffdaddy

(and can't post for 11 years!)

Tshirt Ninja posted:

If I request an auto insurance quote online and forget to disclose an at-fault accident I was in, would that negatively impact my credit score? The company got back to me with a premium that was $250 higher than my initial online quote because I completely forgot to tell them I hit a fence a couple years ago.

Not a lawyer, just happen to know a little about this (enough to be dangerous).

Not disclosing an accident won't affect your credit, but there's a database called CLUE (run by LexisNexis) that the majority of property insurance companies use. In that database is information about every claim you've made in the past 7 years, along with your coverages, and sometimes if you've even asked about if something would be covered.

The reason your premium came back higher is the insurance company didn't pull a CLUE report until you showed interest. They may not have even pulled your credit report until after the online quote was issued.

There's another database called A-Plus that has similar info, but the majority of companies use a combination of CLUE and credit reports to figure out a rate. Your state's laws will govern how insurance companies use this info to build your particular risk profile.

https://www.privacyrights.org/clue-and-you-how-insurers-size-you

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

baquerd posted:

Whatever the state of land that hasn't been claimed by an individual is - presumably owned by state or national government?


There's no way to quit claim on it entirely? Owning land that's not for direct use or resale is literally a burden that cannot be discharged?

Real property (land) cannot be abandoned. You can give it to someone else or sale it or let it get seized, but you can't just abandon it like you could personal property. And if no one wants your land, well, tough titties?

echopapa
Jun 2, 2005

El Presidente smiles upon this thread.

Alchenar posted:

Presuming the property isn't actively accruing liabilities but will never be sellable, it can probably be donated to the local government body.

Yeah, your local fire department will happily burn down any building you donate them for training purposes.

Hot Dog Day #91
Jun 19, 2003

So you have land you want to abandon, but not to any individuals. This is an odd position. Unless it is special in some way (e.g. Pristine forest, river adjacent, got lots of luxury hexes), you can assume everyone will think you're crazy and refuse your offers. Even if you donate it a city/state, and they accept, they're just going to then sell it to someone else for revenue.

Alchenar
Apr 9, 2008

Hot Dog Day #91 posted:

So you have land you want to abandon, but not to any individuals. This is an odd position. Unless it is special in some way (e.g. Pristine forest, river adjacent, got lots of luxury hexes), you can assume everyone will think you're crazy and refuse your offers. Even if you donate it a city/state, and they accept, they're just going to then sell it to someone else for revenue.

So OP is being coy (which leads to a suspicion there's all sorts of fees and liabilities already attached that he's hoping to be able to escape), but I can certainly conceive of circumstances where a property will never be commercially viable because you have a condemned house on land in a dead city and it will cost more money to make it sellable than you will ever get for it. I can also see why a person who finds themselves with title to such a property would want to find a way to wash their hands of it.

baquerd
Jul 2, 2007

by FactsAreUseless

Alchenar posted:

So OP is being coy (which leads to a suspicion there's all sorts of fees and liabilities already attached that he's hoping to be able to escape), but I can certainly conceive of circumstances where a property will never be commercially viable because you have a condemned house on land in a dead city and it will cost more money to make it sellable than you will ever get for it. I can also see why a person who finds themselves with title to such a property would want to find a way to wash their hands of it.

If I wanted to avoid fees and liabilities, I imagine I'd make some sort of LLC or other shell entity, transfer the property to it, and then let it get reclaimed for non-payment of taxes. Don't know if that would work, but hey I'd be talking to a lawyer in that case. This was more a curiosity, but it's really interesting that someone could potentially be unable to abandon real property. I suppose thinking about Detroit, this should have been obvious.

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer
Unless you spend more money than what you're probably spending on the upkeep of such a lovely property anyway, such a shell entity would probably be a pass through entity (i.e.: the person liable is still the owner of the entity) so you are now out even more money.

I suppose you could transfer it off to some hobo but that would be tax evasion soooooo

sleepy.eyes
Sep 14, 2007

Like a pig in a chute.
I guess this would be the place for my question?

I'm planning on taking a roadtrip from Florida to California and will be taking my pistol. I've looked up the laws on where and how to carry it, and everything will be kosher, but have one concern. In several of the states I'll be passing through I am required to let the Police know I have a weapon during a traffic stop, and in some I don't. I've read some articles saying you should always let them know so they don't get surprised by it if they catch sight and end up shooting you or something, and some saying that it just adds more stress and it can give them a reason to have me sit on the side of the road for a couple hours while they go through my poo poo. Are yall of the opinion I should just get it out in the open and risk the cop being in a bad mood?

Since I can't carry my gun in CA I intend to just leave it in a locked container in the back of my wagon. I also know about the high capacity magazine ban and have a pair of 10-rounders.

Also, I am a young white dude and I don't think I give off the drug dealer/torture-slayer vibe.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

sleepy.eyes posted:

I guess this would be the place for my question?

I'm planning on taking a roadtrip from Florida to California and will be taking my pistol. I've looked up the laws on where and how to carry it, and everything will be kosher, but have one concern. In several of the states I'll be passing through I am required to let the Police know I have a weapon during a traffic stop, and in some I don't. I've read some articles saying you should always let them know so they don't get surprised by it if they catch sight and end up shooting you or something, and some saying that it just adds more stress and it can give them a reason to have me sit on the side of the road for a couple hours while they go through my poo poo. Are yall of the opinion I should just get it out in the open and risk the cop being in a bad mood?

Since I can't carry my gun in CA I intend to just leave it in a locked container in the back of my wagon. I also know about the high capacity magazine ban and have a pair of 10-rounders.

Also, I am a young white dude and I don't think I give off the drug dealer/torture-slayer vibe.
Are you moving to CA or going to a shooting competition or afraid your place in FL will get broken into?

If you're keeping it with you in the driver/passenger compartment, I'd disclose.
If it's in the trunk, I wouldn't bother to disclose.

You could also try here:
TFR General Question Thread

Alchenar
Apr 9, 2008

I think the advice I saw last time this issue came up was:

Bad option:
*Officer walks up to car door*
"I have a gun"

Good option:
Officer "Because of the reasons I've just given you I am going to perform a search of your car, is there anything you'd like to tell me before I start"
You "Yes Officer, in a locked container located where it is located I have a registered firearm."

Sefer
Sep 2, 2006
Not supposed to be here today

Alchenar posted:

So OP is being coy (which leads to a suspicion there's all sorts of fees and liabilities already attached that he's hoping to be able to escape), but I can certainly conceive of circumstances where a property will never be commercially viable because you have a condemned house on land in a dead city and it will cost more money to make it sellable than you will ever get for it. I can also see why a person who finds themselves with title to such a property would want to find a way to wash their hands of it.

I feel something like this may have been discussed here before, but what happens if someone who owns such property dies? I assume that his heirs can refuse to take ownership, so what happens after going down the list and all potential heirs refuse the property? I assume that the same entity that would seize it for unpaid taxes will eventually take possession, but is there some other process than seizing it for unpaid taxes that the state can take possession of it? Can the rest of the estate be given to heirs in the meantime or would the estate slowly be drained by property taxes until it's gone and the property finally gets seized?

SurfaceDetail
Feb 17, 2016

by Cowcaster

sleepy.eyes posted:

I guess this would be the place for my question?

I'm planning on taking a roadtrip from Florida to California and will be taking my pistol. I've looked up the laws on where and how to carry it, and everything will be kosher, but have one concern. In several of the states I'll be passing through I am required to let the Police know I have a weapon during a traffic stop, and in some I don't. I've read some articles saying you should always let them know so they don't get surprised by it if they catch sight and end up shooting you or something, and some saying that it just adds more stress and it can give them a reason to have me sit on the side of the road for a couple hours while they go through my poo poo. Are yall of the opinion I should just get it out in the open and risk the cop being in a bad mood?

Since I can't carry my gun in CA I intend to just leave it in a locked container in the back of my wagon. I also know about the high capacity magazine ban and have a pair of 10-rounders.

Also, I am a young white dude and I don't think I give off the drug dealer/torture-slayer vibe.

Don't mention it (unless you legally have to) unless they're going to search your car. Like someone above mentioned, telling the officer (approaching a stranger he/she might be pissing off with a ticket) theres a gun somewhere right off the bat would make anyone nervous.

If you really want to tell them. Keep both hands on the steering wheel and calmly say "Hey officer, I need to give you my insurance info but its in the glovebox, theres a pistol in there." And do what he says. They won't freak.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
I assume:
A: you have a good reason for this. Even if you don't legally need one, if it comes up "I have a contest in los angeles" or something will be less likely to get you strip searched.
B: you will be keeping it locked and unloaded the entire time in your car

If you do have to disclose, I would defenitely lead with "in my trunk, in a locked container, I have an unloaded registered firearm" rather than "I have a gun!"

Also, set the cruise control at the speed limit and use your turn signals. Maybe put a ted cruz bumper sticker on for maximum whiteness.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Sefer posted:

I feel something like this may have been discussed here before, but what happens if someone who owns such property dies? I assume that his heirs can refuse to take ownership, so what happens after going down the list and all potential heirs refuse the property? I assume that the same entity that would seize it for unpaid taxes will eventually take possession, but is there some other process than seizing it for unpaid taxes that the state can take possession of it? Can the rest of the estate be given to heirs in the meantime or would the estate slowly be drained by property taxes until it's gone and the property finally gets seized?

Escheat /ᵻsˈtʃiːt/ is a common law doctrine which transfers the property of a person who dies without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership.

sleepy.eyes
Sep 14, 2007

Like a pig in a chute.
Alright, thanks for the replies.

Hot Dog Day #91
Jun 19, 2003

Joat mon / nm are current/former public defenders, so I'd definitely take their advice to heart.

mastershakeman
Oct 28, 2008

by vyelkin
I've seen multiple people in various court rooms begging judges to let them abandon their property and be unable to do so, since a lot of municipalities (or their respective park districts/whatever) won't accept the land if it's already blighted/condemned/whatever. So good luck!


Also I wonder what the Illinois law is conceal carry disclosure to cops- a friend of mine has to disclose to me when I drive that he's packing heat, so I presume he has to do so any time he's pulled over as well. Thankfully he knows proper phrasing so I doubt it'll be a problem (i.e. he says "I'm legally obligated to inform you that I have a concealed weapon on my person') or some such which is a hell of a lot easier to hear than 'i got a gun'

ausgezeichnet
Sep 18, 2005

In my country this is definitely not offensive!
Nap Ghost

mastershakeman posted:

I've seen multiple people in various court rooms begging judges to let them abandon their property and be unable to do so, since a lot of municipalities (or their respective park districts/whatever) won't accept the land if it's already blighted/condemned/whatever. So good luck!


Also I wonder what the Illinois law is conceal carry disclosure to cops- a friend of mine has to disclose to me when I drive that he's packing heat, so I presume he has to do so any time he's pulled over as well. Thankfully he knows proper phrasing so I doubt it'll be a problem (i.e. he says "I'm legally obligated to inform you that I have a concealed weapon on my person') or some such which is a hell of a lot easier to hear than 'i got a gun'

Not sure why your friend thinks he/she has to disclose to you they're legally carrying. You also do not have to inform a police officer unless you are specifically asked by them.

See end of page 8

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

ausgezeichnet posted:

Not sure why your friend thinks he/she has to disclose to you they're legally carrying. You also do not have to inform a police officer unless you are specifically asked by them.

See end of page 8

It is a best practice if you don't want to get shot.

mastershakeman
Oct 28, 2008

by vyelkin

ausgezeichnet posted:

Not sure why your friend thinks he/she has to disclose to you they're legally carrying. You also do not have to inform a police officer unless you are specifically asked by them.

See end of page 8

I think it's so that the driver (me) doesn't get screwed over by the wording of the statute. Otherwise, I could get pulled over, the cop asks does anyone have a gun, I say 'no' thinking that's correct, except surprise, I'm not correct because I didn't know about the concealed weapon unless I'm told beforehand.

ShadowMoo
Mar 13, 2011

by Shine
What is a good resource to find a disability attorney? My mother wants me to find one.

RadioPassive
Feb 26, 2012

x-posting from the woodworking thread.

I'm trying to rent a garage for use as a personal non-commercial woodworking hobby space. I found a garage with a landlord that's comfortable with a wood shop in his building, but he's unsure about his liability if I get hurt or cause damage (I imagine a table saw is terrifying to a landlord). He specifically isn't turning me down, but he wants (me) to find a way to ensure he's protected before he lets me rent it.

I'd really like to rent his garage, the location is excellent and the building is adequate. But I don't know anything about legal liability and real estate law. The landlord and I both agree that a simple signed waiver might not fully protect him (or it might, we're unsure). He's also not too motivated to research this himself, it's a $200/mo garage and he could just rent the place as storage/parking with ~zero effort, so I'm trying to figure out how I can answer the liability question without too many legal fees.

So... Lawyer? Or are we overthinking this and a waiver actually works fine?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

RadioPassive posted:

x-posting from the woodworking thread.

I'm trying to rent a garage for use as a personal non-commercial woodworking hobby space. I found a garage with a landlord that's comfortable with a wood shop in his building, but he's unsure about his liability if I get hurt or cause damage (I imagine a table saw is terrifying to a landlord). He specifically isn't turning me down, but he wants (me) to find a way to ensure he's protected before he lets me rent it.

I'd really like to rent his garage, the location is excellent and the building is adequate. But I don't know anything about legal liability and real estate law. The landlord and I both agree that a simple signed waiver might not fully protect him (or it might, we're unsure). He's also not too motivated to research this himself, it's a $200/mo garage and he could just rent the place as storage/parking with ~zero effort, so I'm trying to figure out how I can answer the liability question without too many legal fees.

So... Lawyer? Or are we overthinking this and a waiver actually works fine?

If you rented the landlord's house and you cut your finger off with your kitchen knife, would the landlord be liable? No.
If you cut yourself shaving with your razor, would the landlord be liable? No.
If you cut your finger off with your table saw, would the landlord be liable? No.
If you cut yourself on your drawknife, would the landlord be liable? No.

If you tagout a circuit in the house/garage and the landlord turns it back on and electrocutes/chops you, the landlord should be liable.
If the landlord supplies tools that a person exercising ordinary caution could not determine were defective and you were injured as a result, the landlord should be liable, absent a suitable waiver.

What state are you in?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
You need to put together some kind of defense and indemnity provision to include in the lease. You should probably consult an attorney, to make sure that the language complies with your state's laws. Indemnity is a complicated question that really varies by state and application. But you should be able to craft something that protects your landlord from liability for your actions and equipment, while still ensuring that your landlord will be liable for his own negligence.

RadioPassive
Feb 26, 2012

joat mon posted:

What state are you in?

Massachusetts.

ausgezeichnet
Sep 18, 2005

In my country this is definitely not offensive!
Nap Ghost

nm posted:

It is a best practice if you don't want to get shot.

I wouldn't t :frogout: of the car without informing an Illinois cop I was carrying, but I wouldn't volunteer it unless it was necessary (I am white). Now that I'm living in Florida, I'm pretty sure all the cops assume that everybody's carrying.

Hot Dog Day #91
Jun 19, 2003

He's just saying don't surprise cops. If is accessible during the stop, inform immediately. If it's not, accessible I'd use judgment on when to inform - certainly if you're getting out of the car.

I'd be slightly wary that I've somehow violated the Byzantine laws of a particular state because my lock box has two hinges instead of three or something. I wouldn't necessarily volunteer information if the stop is going normally and I'm just getting a ticket and leaving.

euphronius
Feb 18, 2009

Hot Dog Day #91 posted:

So you have land you want to abandon, but not to any individuals. This is an odd position. Unless it is special in some way (e.g. Pristine forest, river adjacent, got lots of luxury hexes), you can assume everyone will think you're crazy and refuse your offers. Even if you donate it a city/state, and they accept, they're just going to then sell it to someone else for revenue.

You can disinherit everyone in your will and then kill yourself. The property will escheat to the state.

euphronius
Feb 18, 2009

Oh someone already said escheat.

Bad Munki
Nov 4, 2008

We're all mad here.


euphronius posted:

You can disinherit everyone in your will and then kill yourself.

They'll probably attach your student debt to the property somehow just for fun.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

euphronius posted:

Oh someone already said escheat.

eschbeat.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Discendo Vox posted:

Yeah, my flippancy aside (did you see the root on the article was TorrentFreak?!), the Klingon argument's the weakest part of Paramount's case- which is why all of these anti-IP sites are focusing on it. The rest of the case(the fan-film maker defendants made open use of basically everything in Star Trek) is pretty obviously Paramount's to win.

Update - amicus brief from the Language Creation Society. I think you can guess how they come out.
http://www.hollywoodreporter.com/thr-esq/star-trek-lawsuit-debate-klingon-888419

They do admit that the question of language copyrightability is one of first impression.

ulmont fucked around with this message at 16:34 on Apr 28, 2016

sleepy.eyes
Sep 14, 2007

Like a pig in a chute.

Hot Dog Day #91 posted:

He's just saying don't surprise cops. If is accessible during the stop, inform immediately. If it's not, accessible I'd use judgment on when to inform - certainly if you're getting out of the car.

I'd be slightly wary that I've somehow violated the Byzantine laws of a particular state because my lock box has two hinges instead of three or something. I wouldn't necessarily volunteer information if the stop is going normally and I'm just getting a ticket and leaving.

Actually ran into a cop at 7-11 and asked him what he would suggest. Gave me damned good advice: keep my insurance and registration in my visor and my pistol in my glove box. If I am required by law to inform, tell the officer and if not, don't bring it up. If something happens where the cop has a reason/ the right to get me to open the box, inform him and ask what I should do before he finds it on his own. When I hit CA I'll need to have it locked up in a lockbox I'm bringing for that purpose, but other than that I'm free and clear the entire trip.

Bad Munki
Nov 4, 2008

We're all mad here.


And as everyone knows, cops always offer sound, trustable legal advice. :cop::suicide:

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

RadioPassive posted:

Massachusetts.

Some ABA article on Indemnification Provisions in Leases posted:

Massachusetts
Mass. Gen. Laws Ann. ch. 186, § 15 prohibits exculpation and indemnification provisions that relieve the landlord from liability for its own negligence as follows:

Any provision of a lease or other rental agreement relating to real property whereby a lessee or tenant enters into a covenant, agreement or contract, by the use of any words whatsoever, the effect of which is to indemnify the lessor or landlord or hold the lessor or landlord harmless, or preclude or exonerate the lessor or landlord from any or all liability to the lessee or tenant, or to any other person, for any injury, loss, damage or liability arising from any omission, fault, negligence or other misconduct of the lessor or landlord on or about the leased or rented premises or on or about any elevators, stairways, hallways or other appurtenances used in connection therewith, shall be deemed to be against public policy and void.

This provision has been applied in commercial as well as residential leases. E.g., Finley v. Gateway Self-Storage of Massachusetts, Inc., 780 N.E.2d 970 (Mass. App. Ct. 2003); Knous v. Mehrez, No. 97-05206D, 1999 WL 317430 ( Mass. Super. Ct. Apr. 30, 1999). By its express terms, it applies to personal injury as well as property damage.

Massachusetts landlords should also be wary of Mass. Gen. Laws Ann. ch. 186, § 19, which provides: A landlord or lessor of any real estate except an owner-occupied two- or three-family dwelling shall, within a reasonable time following receipt of a written notice from a tenant forwarded by registered or certified mail of an unsafe condition, not caused by the tenant, his invitee, or any one occupying through or under the tenant, exercise reasonable care to correct the unsafe condition described in said notice except that such notice need not be given for unsafe conditions in that portion of the premises not under control of the tenant. The tenant or any person rightfully on said premises injured as a result of the failure to correct said unsafe condition within a reasonable time shall have a right of action in tort against the landlord or lessor for damages. Any waiver of this provision in any lease or other rental agreement shall be void and unenforceable. The notice requirement of this section shall be satisfied by a notice from a board of health or other code enforcement agency to a landlord or lessor of residential premises not exempted by the provisions of this section of a violation of the state sanitary code or other applicable by-laws, ordinances, rules or regulations.

In Humphrey v. Byron, 850 N.E.2d 1044 ( Mass. 2006), however, the Massachusetts Supreme Judicial Court held that commercial landlords did not have the same repair and maintenance obligations toward their tenants as residential landlords. The court explained that although in residential leases the court has overthrown the old “caveat emptor” doctrine (which, the court noted, was rooted in the traditional common law concept that a lease was a conveyance of property), the court did not find that its consumer protection policies required that commercial landlords repair defects. Id. at 1047-48. Instead, it “left intact” the rule that a commercial landlord is liable in tort for personal injuries only when it contracts to make repairs and makes them negligently or the defect is in a common area or other area appurtenant to the leased space over which the landlord has some control. Id. at 1049

I just don't get the need for a defense and indemnification section on a non commercial lease of a garage.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Wife's a Maryland resident working in DC for a company based in FL with over 50 employees, of which 5 are based in DC.

is she protected by federal FMLA, and, in addition, is she protected by DC FMLA?

e: I think federal no but DC yes, right?

WhiskeyJuvenile fucked around with this message at 17:50 on Apr 28, 2016

Hot Dog Day #91
Jun 19, 2003

joat mon posted:

I just don't get the need for a defense and indemnification section on a non commercial lease of a garage.

Agreed.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Bad Munki posted:

And as everyone knows, cops always offer sound, trustable legal advice. :cop::suicide:

Lol.

The sound legal advice is to keep the pistol locked, unloaded in the trunk in a box. The world isn't so terrifying that you need a gun at the ready at all times. This isn't Mogadishu.

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spacetoaster
Feb 10, 2014

nm posted:

The sound legal advice is to keep the pistol locked, unloaded in the trunk in a box. The world isn't so terrifying that you need a gun at the ready at all times. This isn't Mogadishu.

What kind of gangster are you? Sheesh.

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