Guide to Florida Eminent Domain Law

• Eminent Domain Process
• Your Property Rights
  1. Bert J. Harris, Jr., Private Property Rights Protection Act
  2. Littoral Property Rights in Florida
  3. Florida Law Prevents Eminent Domain Abuse
  4. High Speed Rail & Eminent Domain
  5. Eminent Domain for Water Level Projects
  6. Inverse Condemnation and Loss of Access
• Challenging the Government
  1. Reasons for Government Taking Property
  2. Condemning Authorities
  3. Stimulus Money
  4. FDOT
  5. Law Changes
  6. Sewer & Water Projects
  7. Florida Real Estate Trends 2010 and Beyond
• Eminent Domain Definitions
  1. What is Eminent Domain?
  2. Unitization: Eminent Domain?
  3. Types of Property Subject to Eminent Domain
  4. What does Public Purpose mean?
  5. What is Considered a Taking?
  6. What is Partial Taking?
  7. What is Inverse Condemnation?
  8. International Owners of Florida Property
  9. Mineral Rights in Eminent Domain
• Getting Full Compensation
  1. How is Fair Market Value Determined
  2. What Constitutes Full Compensation
  3. Severance Damages
  4. Eminent Domain and Severance Damages
  5. Determining Eminent Domain Values
  6. Eminent Domain for Conservation
  7. Eminent Domain Business Damages
  8. Condemnation and Inverse Condemnation
  9. Inverse Condemnation vs. Public Nuisance
  10. Prejudgment Interest and Eminent Domain
  11. School Districts' Use of Eminent Domain
  12. Small Businesses and Eminent Domain
  13. Foreclosure and Eminent Domain
  14. Eminent Domain for I-95 Overland Bridge Project
  15. HUD Housing and Eminent Domain
  16. Zoning and Eminent Domain
• Hiring an Eminent Domain Attorney

Eminent Domain for I-95 Overland Bridge Project

Jacksonville, Florida

The I-95 Overland Bridge project, the most expensive road construction project in Jacksonville history, is scheduled to begin late next year. Right now, the city is preparing to acquire all the land it needs for the project. With recent revisions to the construction plan, over a hundred property owners will be asked to give up part or all of their property to allow for the project's completion. About $52 million of the construction budget has been allocated for acquiring these properties. To ensure you get full compensation for your property, you should work with an experienced eminent domain lawyer who can ensure your property is properly evaluated.

If you have received notice that your business or residence will be condemned due to this project, please call or email the Florida Property Rights Law Firm today to learn more about your rights.

The Project

The I-95 Overland Bridge Project is designed to expand and rebuild I-95 from the Fuller Warren Bridge to San Diego Road. It will also include a significant revision of the interchange at Atlantic Boulevard. It will also include supplemental projects such as retaining ponds and collector/distributor roads. The goal is to improve the safety and ease of travel on this stretch of road and replace the older road structures that had not been designed to handle the current level of traffic.

The entire length of the project is listed as 0.267 miles. Traffic will be adjusted on several other roads in the area, including changing two-way roads to one-way roads.

The Takings

Based on the initial project design, over 60 property owners in the area were informed their property would be taken through eminent domain to allow for construction on the project. Initially, the project had a 5-year timetable, but in response to public feedback, the project was condensed into a single 3-year plan, which increased the number of eminent domain takings to over 100. In addition, many businesses in the area were informed that they would lose the use of public resources, such as parking.

In addition to these formally-announced takings, it is likely that the new road configuration will result in damages to a number of properties in the area. If your property suffers significant damages that make the property unsuited to its former use, you may be able to file an inverse taking lawsuit to get compensation.

Full Compensation

You may not think the amount of money the city has offered to purchase your property represents the full value of your property. Especially in the case of partial takings, care must be taken to ensure you get fully compensated for your property, including severance damages. An experienced eminent domain lawyer can identify the key things to look for to determine whether you are receiving full compensation for your property.

To talk to an eminent domain lawyer at the Florida Property Rights Law Firm, please call or email us today.