I don't look very often but I do see the occasional entry among the classifieds "Notice...." It seems to be an official notice of a meeting or something action about to happen... And mostly I think "what the hell?"
Do lawyers have to subscribe to every local newspaper [there are three that might affect our county: the local newspaper, the newspaper of the nearest big city [roanoke] and the "newspaper of record" for the state [WaPo]] and
go through all the classifieds every day to see if there's some action - foreclosure, zoning, etc, about to happen? This seems like some leftover from the 18th century.
So I ask: are lawyers and governments required to post those things? For what sorts of things? Does the posting of whatever they are constitute
that everyone possibly affect by the notice has been "officially notified"? For example if it is a zoning thing and you happen not to see the notice in the paper of the pending zoning change are you just stuck when a
McDonald's goes in next to your house?
/Bernie\
I don't look very often but I do see the occasional entry among the classifieds "Notice...." It seems to be an official notice of a meeting or something action about to happen... And mostly I think "what the hell?"
Do lawyers have to subscribe to every local newspaper [there are three that might affect our county: the local newspaper, the newspaper of the nearest big city [roanoke] and the "newspaper of record" for the state [WaPo]] and
go through all the classifieds every day to see if there's some action - foreclosure, zoning, etc, about to happen? This seems like some leftover
from the 18th century.
So I ask: are lawyers and governments required to post those things? For
what sorts of things? Does the posting of whatever they are constitute
that everyone possibly affect by the notice has been "officially notified"? For example if it is a zoning thing and you happen not to see the notice in the paper of the pending zoning change are you just stuck when a
McDonald's goes in next to your house?
I don't look very often but I do see the occasional entry among the >classifieds "Notice...." It seems to be an official notice of a meeting or >something action about to happen... And mostly I think "what the hell?"
Do lawyers have to subscribe to every local newspaper [there are three that >might affect our county: the local newspaper, the newspaper of the nearest >big city [roanoke] and the "newspaper of record" for the state [WaPo]] and
go through all the classifieds every day to see if there's some action - >foreclosure, zoning, etc, about to happen? This seems like some leftover >from the 18th century.
So I ask: are lawyers and governments required to post those things? For >what sorts of things? Does the posting of whatever they are constitute
that everyone possibly affect by the notice has been "officially notified"? >For example if it is a zoning thing and you happen not to see the notice in >the paper of the pending zoning change are you just stuck when a
McDonald's goes in next to your house?
/Bernie\
So I ask: are lawyers and governments required to post those things?
"Bernie Cosell" wrote in message
news:kmka2h1sadcvqne1o...@4ax.com...
I don't look very often but I do see the occasional entry among the >classifieds "Notice...." It seems to be an official notice of a meeting or >something action about to happen... And mostly I think "what the hell?"
Do lawyers have to subscribe to every local newspaper [there are three that >might affect our county: the local newspaper, the newspaper of the nearest >big city [roanoke] and the "newspaper of record" for the state [WaPo]] and >go through all the classifieds every day to see if there's some action - >foreclosure, zoning, etc, about to happen? This seems like some leftover >from the 18th century.
So I ask: are lawyers and governments required to post those things? For >what sorts of things? Does the posting of whatever they are constitute
that everyone possibly affect by the notice has been "officially notified"? >For example if it is a zoning thing and you happen not to see the notice in >the paper of the pending zoning change are you just stuck when a
McDonald's goes in next to your house?
/Bernie\What is a newspaper?
I'm kidding, of course, but in a way, I'm not. Newspaper circulations have been dropping for years, and many papers have gone under or are barely surviving. I personally know many people - especially under 40 - who have never read a paper or who stopped reading papers years ago. Many of the
laws that require these notices were written years or even decades ago when newspapers were a much bigger part of daily life than they are now.
Nowadays people are much more likely to get their news and information through TV or the internet, so I wonder at what point the language requiring how legal notice is done will start to reflect that.
I don't look very often but I do see the occasional entry among the >classifieds "Notice...." It seems to be an official notice of a meeting or >something action about to happen... And mostly I think "what the hell?"
Do lawyers have to subscribe to every local newspaper [there are three that >might affect our county: the local newspaper, the newspaper of the nearest >big city [roanoke] and the "newspaper of record" for the state [WaPo]] and
go through all the classifieds every day to see if there's some action - >foreclosure, zoning, etc, about to happen? This seems like some leftover >from the 18th century.
So I ask: are lawyers and governments required to post those things?
For what sorts of things?
Does the posting of whatever they are constitute that everyone
possibly affect by the notice has been "officially notified"?
For example if it is a zoning thing and you happen not to see the
notice in the paper of the pending zoning change are you just stuck
when a McDonald's goes in next to your house?
I don't look very often but I do see the occasional entry among
the classifieds "Notice...." It seems to be an official notice of
a meeting or something action about to happen... And mostly I
think "what the hell?" Do lawyers have to subscribe to every local
newspaper [there are three that might affect our county: the local
newspaper, the newspaper of the nearest big city [roanoke] and the
"newspaper of record" for the state [WaPo]] and go through all the classifieds every day to see if there's some action - foreclosure,
zoning, etc, about to happen? This seems like some leftover from
the 18th century.
So I ask: are lawyers and governments required to post those
things? For what sorts of things? Does the posting of whatever
they are constitute that everyone possibly affect by the notice
has been "officially notified"? For example if it is a zoning
thing and you happen not to see the notice in the paper of the
pending zoning change are you just stuck when a McDonald's goes
in next to your house?
Bernie Cosell <ber...@fantasyfarm.com> writes:
I don't look very often but I do see the occasional entry among the >classifieds "Notice...." It seems to be an official notice of a meeting or >something action about to happen... And mostly I think "what the hell?"
Do lawyers have to subscribe to every local newspaper [there are three that >might affect our county: the local newspaper, the newspaper of the nearest >big city [roanoke] and the "newspaper of record" for the state [WaPo]] and >go through all the classifieds every day to see if there's some action - >foreclosure, zoning, etc, about to happen? This seems like some leftover >from the 18th century.
So I ask: are lawyers and governments required to post those things?Yes.
For what sorts of things?Typically, things that in theory should get wide publicaton or public
notice -- public government meetings, government and utility
competitive bids, foreclosure notices, name changes, fictitious names.
Typically, the requirement is publication two successive weeks in a
newspaper of general circulation in the county. And typically, the
county clerk will have a list.
In Manhattan, the cheapest paper to run ads was a Jewish paper (The
Daily Forward, if I recall correctly). And one of the things that had
to be published was a notice of formation of a partnership or limited partnership, which were staples of top Wall Street law firms. So
you'd see WASPy guys on the subway, wearing $4000 suits and $300 ties, reading a Yiddish newspaper. The funniest part was that paper was in
Hebrew, except for the legal ads, which ran the other direction. And
the typesetters invariable screwed it up, so you had to run it again
and again until they got it right.
Does the posting of whatever they are constitute that everyoneThat depends. Supreme Court doctrine is (basically) that you have to
possibly affect by the notice has been "officially notified"?
do the best you can to officially notify somebody before you can claim they've been notified. For things that you can't tell who might be
affected -- eg, notifying creditors to get their claims in against a
dead debtor -- that's the best you can do.
I have a whole file full of interesting public notices, including my favorites:
+ the foreclosure sale of that portion of the international railway
bridge between Laredo and Nuevo Laredo lying on the United States
side of the border [To my eternal regret, I didn't go through with
my plan to get together a consorium to bid on it. NAFTA made it the
busiest rail segments in the world.]
+ the notice of settlement in Union of Soviet Socialist Republics v
Carl Marks & Co.
For example if it is a zoning thing and you happen not to see theFor a general change in rules? Yes.
notice in the paper of the pending zoning change are you just stuck
when a McDonald's goes in next to your house?
I expect that many jurisdictions require that the applicant notify
adjacent landowners of a specific request for a variance.
"Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:
} Bernie Cosell <bernie@fantasyfarm.com> wrote:
}
} > So I ask: are lawyers and governments required to post those
} > things? For what sorts of things? Does the posting of whatever
} > they are constitute that everyone possibly affect by the notice
} > has been "officially notified"?
} There are certain situations where the law requires that notice be
} given to all interested people. If we don't have the names and/or
} contact information for all potentially interested people, then
} publication in a "newspaper of general circulation" is, at least at
} this time, is the statutory norm.
So what do you lawyers do? Do you have to subscribe to, and read the classifieds in, every newspaper that *might* carry an announcement for your region. I live in the middle of nowhere in SW virginia and even here there are, probably, four or five newspapers that *might* get local
announcements. NYC has something like 60 newspapers just in the city, not counting "nearby" newspapers. Must be a mess for lawyers with multi-state practices..
There's gotta be a better way :o)
/Bernie\
"Stuart O. Bronstein" <spamtrap@lexregia.com> wrote:
} Bernie Cosell <bernie@fantasyfarm.com> wrote:
}
} > So I ask: are lawyers and governments required to post those
} > things? For what sorts of things? Does the posting of whatever
} > they are constitute that everyone possibly affect by the notice
} > has been "officially notified"?
} There are certain situations where the law requires that notice be
} given to all interested people. If we don't have the names and/or
} contact information for all potentially interested people, then
} publication in a "newspaper of general circulation" is, at least at
} this time, is the statutory norm.
So what do you lawyers do? Do you have to subscribe to, and read the >classifieds in, every newspaper that *might* carry an announcement for your >region. I live in the middle of nowhere in SW virginia and even here there >are, probably, four or five newspapers that *might* get local
announcements. NYC has something like 60 newspapers just in the city, not >counting "nearby" newspapers. Must be a mess for lawyers with multi-state >practices..
There's gotta be a better way :o)
/Bernie\
} There are certain situations where the law requires that notice
be } given to all interested people. If we don't have the names
and/or } contact information for all potentially interested
people, then } publication in a "newspaper of general
circulation" is, at least at } this time, is the statutory norm.
So what do you lawyers do? Do you have to subscribe to, and read
the classifieds in, every newspaper that *might* carry an
announcement for your region. I live in the middle of nowhere in
SW virginia and even here there are, probably, four or five
newspapers that *might* get local announcements. NYC has
something like 60 newspapers just in the city, not counting
"nearby" newspapers. Must be a mess for lawyers with multi-state
practices..
Roy <montanawolf@outlook.com> wrote:
} There are certain situations where the law requires that notice
be } given to all interested people. If we don't have the names
and/or } contact information for all potentially interested
people, then } publication in a "newspaper of general
circulation" is, at least at } this time, is the statutory norm.
So what do you lawyers do? Do you have to subscribe to, and read
the classifieds in, every newspaper that *might* carry an
announcement for your region. I live in the middle of nowhere in
SW virginia and even here there are, probably, four or five
newspapers that *might* get local announcements. NYC has
something like 60 newspapers just in the city, not counting
"nearby" newspapers. Must be a mess for lawyers with multi-state
practices..
Lawyers may be required to publish certain notices, but we're not
required to read them. There may be companies that subscribe to
service that review all these notices. But for the most part it's a
fiction created by the need to notify people in some circumstances,
but the inability to specifically identify or directly notify them.
I should note one situation that has not been mentioned in this
thread. Let's say somebody dies, and you are the executor of their
estate. The law requires that you pay off the deceased's creditors
before you distribute the estate to the named beneficiaries. [The
same thing happens if you are the successor trustee for somebody
who creates a living trust and then dies.]
But how are you to find all those creditors. Sometimes you can
find them by going through the deceased's papers, looking for
bills etc. But there are no guarantees.
So the law says that if you publish a notice in a newspaper of
record, then wait a specified time, you can go ahead and
distribute the assets. In California that's 9 months for a
successor trustee. Probating a will takes longer, often up to 18
months, which is why living trusts are popular in CA. I have one,
for example.
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