Helping Property Owners Challenge The Government

How do you challenge the government when they have decided to take your property through the eminent domain process? What can level the playing field between the average property owner and the government?

The eminent domain process is a complex one with a number of potential methods for fighting the condemning of your property or to help ensure that you are fully compensated for any governmental taking.

The Decades Of Experience You Need

At the Property Rights Law Firm, P.A., we are skilled at making the eminent domain process work for our clients. Our sole focus is on eminent domain issues. We bring decades of experience to the table for our clients. Our firm has created positive resolutions for many clients in the past by attacking various aspects of the government's case for seizing your property such as:

  • Improper procedures — The government's failure to follow a required eminent domain procedure can result in either a delay or dismissal of the attempt to take. A failure to provide notice, for instance, may bar the process of further eminent domain actions. Other defenses would be gross abuse of discretion at the "resolution of necessity" hearing, fraud or bribery. Eminent domain attorneys at the Property Rights Law Firm, P.A., thoroughly analyze all potential defenses against the government pursuant to the merits of each case to ensure that all of your rights are protected.
  • No public use — The government is allowed to take private property for "public use" only. Unfortunately, the term "public use" has been leniently interpreted by the courts. The term "public use" includes clear-cut examples such as schools, highways, subways, fire and police stations, court houses, roads, parks, public buildings; as well as other more subtle uses such as the elimination of blight through redevelopment. "Public use" simply means a public benefit must exist as a reason for the government taking. However, the use need not be a physically accessible public place. The attorneys of the Property Rights Law Firm, P.A., can effectively devise tactics to help you challenge whether the government has met the "public use" requirement.
  • Full compensation — Usually, a private property owner's only recourse is to recover "full compensation" for the value of the target property. The experienced and professional eminent domain attorneys at the Florida Domain Law Firm work with numerous highly qualified experts to help you determine the full value of your property and any and all potential loses or resulting consequences related to the taking of the property. Once this information is determined, the Florida Property Rights Law Firm, P.A., can help ensure that you recover the maximum recovery possible.
  • Litigation cost — If a challenge to the taking is successful or if the compensation obtained has increased over the government's initial offer, the Property Rights Law Firm, P.A., attorneys can get the taking authority to pay all attorney fees and taxable costs, including expert witness fees. Additionally, if the Property Rights Law Firm, P.A., is not successful, we will not charge you anything for our representation or for the costs expended in representing you. Thus, it is a no lose situation for you, the property owner, because you are able to obtain high-quality representation at no cost or risk. If you win, the government pays your attorneys' fees. If you lose, you pay no attorneys' fees.

Other topics that can provide information regarding your ability to challenge the government's ability to take your property include:

Challenging The Government's Eminent Domain Process In Florida

The outcome of the eminent domain process is not inevitable. Turn to the Property Rights Law Firm, P.A., for the skilled help you need to challenge the government. To schedule a free initial consultation, call 407-208-2652 or contact us online.