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Ogden Trial Attorneys Law Blog

Is eminent domain an eminent challenge to your property rights?

While the thought may seem impossible, there are certain situations in which the government can come in and take your Utah property. It's called eminent domain, and it could be an eminent threat to what you believe are your rights to your property. When eminent domain is an issue, you do have grounds to challenge the efforts of the government, but you would be wise to seek help to do so. 

Eminent domain comes into play when the government needs to take property for expansion, infrastructure needs or public use. The government does have the right to practice eminent domain per federal and state laws, but you have rights as well. In order to confiscate privately owned property, the government must pay fair compensation to the owner.

Now is the time to think of the future of your business

Where do you see yourself in 10 or 20 years? Do your plans include retiring, traveling and reaping the benefits of your decades of hard work? Perhaps you, like many other business owners, see yourself passing your company on to your children and watching them take it in new and exciting directions.

No matter your specific goals for the future, the bottom line is that you aren't likely to get there without some thoughtful planning. In fact, even if you have only recently started your business, a succession plan is something it is never too early to consider.

Nesting is a new fad for parents seeking custody alternatives

Your divorce likely threw your family into the kinds of turmoil you never imagined. As gently as you tried to break it to the children, they each reacted differently as they processed the news and considered its implications.

Despite your differences, you and your ex-spouse continue to be parenting partners, and you want the best for your children. Perhaps the two of you are trying to come to custody arrangements on your own to minimize the impact on the children. One concept about which you may have heard is the idea of nesting.

Fighting back against the high cost of construction defects

When a construction project does not go as planned, it can cost a significant amount of money and cause lengthy setbacks. Often, construction defects are not apparent until later, leaving the occupant of a newly constructed home to deal with the inconvenient or costly repercussions. 

Litigation related to construction defects is complicated. It is not an easy task to hold liable parties accountable for the problems and issues caused by shoddy construction, poor quality building materials or simple errors, but it is possible. When facing this type of legal dispute, you would benefit greatly from experienced guidance to help reach a reasonable resolution to your concerns.

How can I fight a DUI charge?

As of earlier this year, Utah now has the toughest DUI laws in the country. The lowering of the acceptable blood alcohol concentration level made national headlines. By making a law change like this, this means one of two things. Either more people will face DUI charges, or it will serve as a deterrent for drinking and driving.

Have you recently been charged with driving under the influence of alcohol? Fighting your case is not going to prove easy. However, with help, it is possible to achieve the best outcome possible.

Do you have an employee on the firing line?

If you had to rank your duties as a manager or business owner from favorite to least favorite, you would probably place firing employees near the bottom of the list. You can never predict how an employee will respond when told of a job loss. If this is not your first experience at termination, you may have witnessed every reaction from crying and begging to shouting and threatening a lawsuit.

Letting a worker go, even a worker who is not contributing to the success of the company, can be a difficult and stressful job. You may find yourself trying to come up with excuses to justify the firing or to soften the blow. However, the state of Utah says you do not have to have a reason for firing someone.

If you die without a will, what will happen to your estate?

You may think you can live without a will, but what happens if you die without one? There are many benefits to estate planning, and one of them is the peace of mind that you get when you know what is going to happen to your assets and savings after your passing. You worked hard to build your Utah estate and gain property, and you have the right to decide what happens to it in the future.

If you do not have a will, you are taking a significant risk. There is no guarantee that your beneficiaries will maintain control over your property, and it could result in financial loss for loved ones left behind. A will is not a luxury reserved for the wealthy but is a necessary step for every individual.

Is it a good idea to fight a traffic ticket?

Have you received a ticket for speeding or failing to stop and don't think you deserved one? It is possible to challenge the ticket by opting to have the charge heard in court. That will allow a judge to decide if you really violated the law and if the police officer that issued the ticket followed all required policies and procedures. But before you decide that challenging the ticket is worthwhile, you ought to take the pros and cons of doing so into consideration.

Just because you can, doesn't mean you should

In our current tense political atmosphere, our constitutional rights are discussed daily on social media, in the news and in the halls of government. The right to bear arms continues to be a hot topic subject to much debate.

While Utah remains a traditional open carry state where permit holders may wear their personal weapon on their person in plain view, there are times when the opportunity to exercise your open carry rights may need to take a back seat to common sense.

What happens if I violate my probation?

Whether you are in the pre-sentencing stage or have been convicted of a crime, the judge may have opted to put you on probation as opposed to imprisonment. There are certain legal restrictions that you will have to observe such as abstaining from the illegal use of drugs, not carrying a firearm, and refraining from getting into any additional legal trouble of any kind.

Also, other restrictions that your probation officer will impose. If you don't follow the rules of your probation, you do run the risk of making your legal situation worse. So what happens if you commit a probation violation?

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