Florida Eminent Domain Blog | Gregory W. Stoner

If a new development is being built in your area, it will need access to municipal water supplies. Chances are that current pipes will not be sufficient to supply the new development and new sewer lines may need to be installed to remove waste. These pipes may be planned to go through your property.

Putting a sewer or water line under your property requires a special grant from you known as an easement. An easement allows people to use your property for a specific purpose. In the case of a sewer or water line, remember that an easement means not only that your property can be used for placing the line, but also for maintenance.

If you do not want to allow the sewer line, it may be possible to fight eminent domain if the line is going to serve a private development. Florida law forbids the use of eminent domain to serve private interests, and this argument may be used to stop a proposed sewer or water line.

Even if you cannot prevent an easement, an experienced eminent domain lawyer can help you get maximum compensation for your property rights. Please call or email the Florida Property Rights Law Firm, P.A. to learn more about your rights and how to protect them.

Responsible development is a powerful concept in contemporary planning. Communities are demanding that private developers and government agencies be aware of the environmental impact of any given project.

Although responsible development is good for the environment and for the community as a whole, it can lead to an increased use of eminent domain. Now, roadway and other public projects need land not only for the project itself, but also for environmentally conscious areas set aside to offset the environmental damage of the project.

An example of this is the Wekiva Parkway Project. In planning this project, the Florida Department of Transportation (FDOT) and its local partner, the Orlando-Orange County Expressway Authority (OOCEA), sought to acquire land not only for the road, but also for conservation areas of the "natural treasure" that is the Wekiva River Basin. In all, 9,000 acres were set aside as part of this project. Although some of it was already park land, other parcels were obtained through eminent domain to serve as conservation areas.

If you have property and a government agency wants to purchase it for conservation purposes, refusing to take the government's first offer does not mean you are opposed to conservation. You have a right to get the best possible value for your property, no matter why the government seeks to acquire it.

If you are facing a condemnation procedure for your property, no matter why the government seeks it, the lawyers at the Florida Property Rights Law Fim, P.A. can help. Contact us today to learn how.

Business damages are different from other eminent domain damages because they are not guaranteed in either the Florida or the US Constitution. In the words of the Supreme Court of Florida, they are "a matter of legislative grace, not constitution imperative." As a result, they are not considered part of either "just" or "full" compensation.

But this does not mean that business losses you incur as a result of an eminent domain taking of your business property are not considered by the court. There are several ways in which the court can compensate you for these "intangibles."

Property appraisal should include the value of your land at its "highest and best" use, which should take into account the value of the location for your business. You should be compensated at a rate that would allow you to purchase a new property of comparable value for your business, although whether you can actually find such a location can never be guaranteed.

Statutory damages have been granted for businesses in certain situations. This includes businesses that are subject to a partial taking for certain types of rights-of-way when the partial taking forces the business to relocate. Sometimes, it can be argued that the loss of your current location is tantamount to losing your business entirely and receive full compensation based on the total value of your business. Statutory business damages are granted in a separate hearing after the conclusion of the normal eminent domain process.

Property cures for partial takings that threaten your business can be designed to minimize business damages and restore your business to its state before it was affected by condemnation. These are incorporated into severance damages.

If your business is threatened by eminent domain, a skilled property rights lawyer can help you get the maximum allowable compensation for your property. Contact the Florida Property Rights Law Firm, P.A. today to learn more about protecting your business from irreparable damage due to eminent domain.

Although we might like to imagine that inverse condemnation is when a government agency gives you property, this is unfortunately not the case. Instead, inverse condemnation is when the government essentially takes your land without asking, and you are forced to start a lawsuit to get compensation.

In the normal condemnation process, the government first comes to you with an offer to purchase all or part of your land. If you refuse the offer, condemnation hearings are held to determine whether the government entity, known as the condemning authority, can use eminent domain to take your land. If so, then additional hearings may be held to determine how much the condemning authority should pay you for your property.

In an inverse condemnation, a government agency simply takes your property or rights associated with your property, without asking, sometimes even by accident. For example, a government agency excavating near your property may remove ground support from under a structure, whether an outbuilding or your house, causing damage or even a collapse. You deserve compensation in this situation, and an inverse condemnation lawsuit can help you get that compensation.

If a government agency has damaged your property or is taking advantage of your property rights, it is important to act as soon as you learn of the damage. To learn more about inverse condemnation and your right to compensation, please schedule a free consultation with the Florida Property Rights Law Firm, P.A. today.

In September, we talked about the legal challenge against the Beach and Shore Preservation Act, and the Supreme Court of Florida's decision in the case. At issue is whether the state legislation that certifies an Erosion Control Line between public and private land violates the right to full or just compensation guaranteed in the Florida Constitution and the US Bill of Rights. In June, the Supreme Court of the United States decided to take up the case to decide whether the Beach and Shore Preservation Act violates constitutional property rights.

According to property owners, the establishment of a fixed Erosion Control Line deprives them of their littoral right to accretion and reliction. The right to accretion guarantees that if new land is added to a beachfront property by the action of the sea, that land becomes the property of the landowner, whereas reliction says that if land is lost, that loss is suffered by the landowner. It is important to note that only land above the mean high water level is affected, because land below the high water level is public or "sovereign" lands in Florida. The Supreme Court of Florida decided that the Erosion Control Line did not violate this right because of the doctrine of avulsion, which states that during catastrophic changes to the shore line the line between public and private property remains fixed.

When the Supreme Court makes a decision, it may dramatically change the rights of beachfront property owners. Whatever the Court decides, the lawyers at the Florida Property Rights Law Firm, P.A. will continue to fight for your rights. If you believe the government is violating your property rights, please schedule a free consultation to learn how we can help.

Real estate markets are always variable, but recently we have seen an almost unprecedented drop in property values. Times like this lend importance to the question of when property value is determined for the eminent domain taking of all or part of your property. So, when is property value determined?

Florida Statute 73.071(5) states "Any increase or decrease in the value of any property to be acquired which occurs after the scope of the project for which the property is being acquired is known in the market, and which is solely a result of the knowledge of the project location, shall not be considered in arriving at the value of the property acquired. For the purpose of this section, the scope of the project for which the property is being acquired shall be presumed to be known in the market on or after the condemnor executes a resolution which depicts the location of the project."

This statute is primarily designed to protect condemning authorities from speculation on the market based on its desire to acquire certain parcels of land. If you are considering purchasing property at an elevated value because you know it will soon be acquired by eminent domain, do not buy! This is essentially a real estate scam.

Statute 73.071(2) gives the answer. Full compensation amounts are "determined as of the date of trial or the date upon which title passes, whichever shall occur first." In most cases, the condemning authority takes title long before you get your day in court. The government attains title to your property the moment it pays you a "good faith" estimate of the property's value. At this point, your property value is protected, no matter how long it takes for a final determination of full compensation for your property.

The use of eminent domain for the improvement of Del Prado Boulevard by Cape Coral, Lee County is an illustrative case. In 2005, the Cape Coral City Council decided on a project to widen Del Prado Boulevard over a two-mile stretch. In 2006, a judge gave the city permission to take portions of 232 private properties for the project, and the city took title to the parcels of land.

Although final values for full compensation are still being determined, the city must pay 2006 prices for the land, as much as $265,000 per quarter acre.

Knowing what your land is worth and pressing the taking authority for full compensation can make a big difference in what you receive. The eminent domain attorneys at the Florida Property Rights Law Firm, P.A. know the law and can stand up for your rights. Call or email us to schedule an eminent domain lawsuit consultation today.

The Florida Department of Transportation (FDOT) was established in 1915 as the State Road Department. Originally, it functioned only as an informational office, an advisory board to the 52 counties in Florida that helped them to assemble maps and collect other information about roadways. In 1916, the Federal Aid Road Act, also known as the Bankhead Act, granted matching federal funds to states for the improvement of "rural post roads," but in order to get funds, each state must have a state highway agency. In order to remake the State Road Department into that highway agency, it was granted the ability to receive and manage federal aid, establish a state system of roadways, engage in road construction and maintenance, acquire and own land, and, of course, utilize eminent domain.

With the rise of automobile culture and the spread of suburbanization, demand for new and faster roadways grew dramatically in the middle of the 20th century, and the FDOT's use of eminent domain grew as well. It has become one of the most powerful condemning authorities in the state. Some have argued that this type of taking represents the tyranny of the many over the few as the consensus desire for easy transportation worked to push aside those whose family homes and businesses were "in the way."

Unfortunately, it is still true that if FDOT wants to condemn all or part your property, it is very difficult to resist. Public support is easily rallied around new and efficient roadways, and FDOT's arguments about the need for any particular infrastructure project often carry the day. However, the eminent domain attorneys at the Florida Property Rights Law Firm, P.A. will fight for your property with all possible arguments, and if we cannot resist the condemnation, we will secure full compensation for your property, including severance damages based on a legitimate "cure" for a partial taking.

If the Florida Department of Transportation is seeking to condemn all or part of your property, you need representation to ensure that your rights as a property owner are respected. Call or email us about your eminent domain case today to lean how we can help.