Going head to head with the government in an eminent domain process can feel like an intimidating and overwhelming process. However, at the Property Rights Law Firm, P.A., our attorneys believe that when property owners gain a full understanding of this process, they are able to reach a more favorable outcome. Our goal is not to only help property owners in the Lake Mary area understand their rights but also provide them a piece of mind.
In order for a taking to occur, the government must prove that the property in question will be used for public use. Thus, our law firm will take the time to establish whether a proper taking could occur. This can provide a wide range of opportunities to challenge the taking. Additionally, even if the government is successful at proving that a proper taking is occurring, the government must also provide a good faith estimate of the value of the property in question.
At this point, the property owner can provide documents and evidence that just compensation was not offered for the government taking. Additionally, the property owner can also assert any possible damages that may be recoverable due to the taking of their property. Our attorneys can help evaluate the situation, ensuring full compensation is awarded in the matter.
To learn more, check out our law firm's eminent domain website. Even if a property owner cannot stop a government taking, they can take steps to help ensure just compensation is awarded. Therefore, it is vital that a property owner fully understand their rights to help ensure they are protected.
]]>What is the re-zoning process? To understand this, one should first explore why zoning regulations exist and what restrictions they place on a certain property. These restrictions can include the type of buildings allowed, the location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, the size and height of buildings and the number of rooms within a building.
Because zoning regulations restrict the rights of property owners, controlling what they could and often want to do with their property, this could lead to some controversies. So long as the zoning regulation is reasonable and not arbitrary, it will likely be permissible. However, property owners can still challenge these regulations.
It is possible to seek spot zoning. This is when an individual parcel of property is zoned differently from its surrounding property. This is often done for the private interests of the property owner. As long as there is a reasonable basis for the re-zoning, these will likely not be challenged. But if they are challenged, the property owner has the ability to prove their need for re-zoning.
Re-zoning for the benefit of the property value and property usage is very common. However, it is not always an easy process to prove the want, need and benefits of re-zoning and obtain approval. Thus, it is important that property owners explore their rights, seeking legal guidance through this real estate law matter.
]]>According to recent reports, a family is Sarasota is dealing with a costly real estate matter concerning the fence they installed. Specifically, their HOA asserts that the fence does not comply with the size and type restrictions set by the HOA. This has resulted in the HOA fining the family $100 a day for the past two months. Additionally, they filed a lien against their home and even threatened a HOA foreclosure of their house.
The family stated that they installed their fence specifically for their adoptive son who is autistic. It was recommended by their doctor to install an un-climbable fence as a means to prevent the young boy from wandering off into the preserves and canals near their property. However, the family did not obtain permission before installing a fence that deviated from the HOA regulations.
This situation has prompted the family to file a fair housing complaint with the U.S. Department of Housing and Urban Development. At this time, there has been no resolution for this dispute, and it could either settle or go to trial.
Navigating a real estate dispute can be complex and costly. Thus, it is imperative that property owners understand the situation at hand and how to move forward. A legal professional could help provide guidance on the matter, helping one protect their rights and obtain a favorable resolution.
]]>The purpose of zoning is to divide a municipality into three parts, residential, commercial and industrial. For the most part, each of these zones is separate from the others; however, there can be some overlap. Nonetheless, the use of the property in each zone is reasonably uniform.
In order to help create uniformity, zoning regulations are put in place. These regulations can be detailed, and they typically include restrictions, such as specific requirements regarding the type of buildings allowed, the location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, the size and height of buildings and the number of rooms in a building.
These restrictions could also cover the frontage of lots, minimum lot area, yard space, off street parking, the number of buildings on a lot and whether the area is restricted to single-family homes or allows multi-family dwellings or townhouses.
If one seeks to challenge a zoning regulation, certain factors must be assessed, as well as the purpose of these changes. Typically, re-zoning an individual parcel of property means that the private owner wants the property to be zoned differently.
Addressing land use and zoning issues can be confusing and complex. While property owners may have a goal in mind, it might be challenging to fully understand what steps must be taken to help meet this goal. Thus, it may be helpful to speak with a legal professional. An attorney can help property owners resolve their property law issues.
]]>How has the market for commercial property changed? Much like the buying and selling of goods has evolved over time, so have the transactions for commercial property. As individuals and companies look less and less towards print to guide and assist them through this process, it is clear that the digital age has taken over the commercial property market.
Because 90% of commercial real estate searches begin online, this factor is used to the advantage of the seller. Once these searches are initiated, data regarding a buyer's online perusal will be made available. While this step in the process will give individuals an idea of what is available and who is looking to purchase, this is only the beginning of the process. Completing a sale can take time and become complicated, especially if certain terms are not agreeable.
Real estate transactions can become complex, and it is often dependent on the needs of the parties. The negotiation process can get lengthy, as the terms of the transaction can get detailed. Thus, it is important to understand how to put yourself in the best position possible whether you are purchasing or selling commercial real estate.
]]>Thus, it is vital to understand the eminent domain process, so the rights of property owners can be protected. At the Property Rights Law Firm, P.A., our experienced attorneys understand how daunting it can be to go up against the government in an eminent domain action; therefore, our law firm is prepared to help those in the Lake Mary area navigate these matters.
Understanding eminent domain means understanding the steps one can take to maximize the compensation they will be given for their property. This process is usually initiated when the government seeks to negotiate with a property owner, but a fair price cannot be agreed upon. If the property owner does not agree to the transaction, the government then files a court action, which allows them to exercise their power of eminent domain.
A taking hearing is scheduled, and, if the government is successful, then it has 20 days to place a good faith estimate of the property's value. A trial is then held to establish full compensation and to assess if any other damages are recoverable. At this point, if either party is not satisfied, an appeal can be filed. When the process is complete, the taking authority assumes court costs and reasonable expenses incurred by the property owner.
To learn more, check out our law firm's website. This process can be complex and confusing, making it imperative that property owners going through this process understand how to navigate the eminent domain process. This could help a property owner maintain ownership of their property or obtain an optimal award of compensation.
]]>Construction defects can occur when errors are made at different phases in the construction of a home. These defects could lead to serious problems, such as unstable or cracked foundations, water intrusion and uneven surfaces caused by expansive soil.
There are four main types of construction defects. To begin, there are design defects, which are caused when designs drafted by an architect or engineer are not properly executed. The next is material defects, which occur when poorly designed or manufactured materials are used. This could cause leaky windows or deteriorated flashing. The third type is construction defects, which occur when the workmanship is substandard. The final type is subsurface defects, which occur when builders fail to account for shifting soil.
When a construction defect occurs, it is important to understand the source. This can help a homeowner take appropriate steps to hold a party accountable and recover losses.
Real estate matters, especially those involving construction defects, can get complex rather quickly. Thus, it is important to take the time to fully understand the matter and what rights you have. It may be possible to seek legal recourse, helping to offset the damages suffered from the defects.
]]>During the 2019 legislative session in Florida, two laws passed that impacted condominium and homeowner's associations. Based on House Bill 7103, older condominiums that stand over 75 feet tall were given a reprieve. Owners of these buildings are not required to retrofit them with fire sprinklers or adopt an engineered life safety system until the start of 2024.
The other law that passed, Senate Bill 82, impacts those with green thumbs. This law went into effect on July 1 and states that vegetable gardens on residential properties cannot be regulated by county, municipality or other political subdivisions of the state. Thus, any current local ordinance or regulation that regulates vegetable gardens on residential properties is now void and unenforceable.
While these two laws may seem minor, they could make a huge difference for some residents in the state. Thus, it is imperative to be well informed of the current laws and how they can impact a property owner.
For those dealing with land use and zoning law issues, it is important to understand the matter at hand. This means further exploration of the situation, understating what rights one is afforded and what steps they can take. This not only helps a property owner protect their rights but also their interests.
]]>However, what actually qualifies as bettering the community? And therefore, how do we define “public purpose?” Those are somewhat complicated questions.
Understanding public purpose
Broadly, public purpose means something that is for the safety, health, interest, or convenience of the public. That does not mean every member of the public has to use it. There are some widely accepted types of projects, such as:
In addition, Florida has a law stating that simply eliminating nuisance, blight or slum conditions does not qualify as a public purpose.
Room for interpretation
Even with these widely accepted projects, there is some room for interpretation when it comes to public purpose. This has led to disputes, and sometimes legal challenges that have further clarified what constitutes public use.
Many of the recent challenges are centered around pipelines. There are companies that, with the federal government’s blessing, are trying to seize an individual’s or family’s land in order to construct a pipeline – despite being a privately run, for-profit business.
The question is, does that meet the definition of public purpose?
These types of cases will never cease. Governments may forever try to use eminent domain for questionable projects throughout the U.S., including in Florida. If there is not a clear public purpose, there may be a way to halt the process through legal action.
Unfortunately in these instances it is the impacted property owners that suffer the most, meaning they often need someone to help defend their rights.
]]>What reasons can bring about eminent domain in Florida? One common reason for the assertion of eminent domain is for utilities. Utilities, such as electric power, are used by the public and benefit the public. And, even if a private owner does not want to sell their property for this use, there are ways around this that might allow this government taking to take place.
Under Florida law, utility companies have the ability to acquire a right of way. Because power lines and pipelines benefit the community at large, utility companies are often successful in these eminent domain actions. However, in order to be successful, they must first establish a need for the new facility. And, once a cost analysis is completed, the utility company must pay the property owner full compensation for the fair market value of the land rights they are acquiring.
Even when the process is completed successfully, it is important for property owners to understand that they have the ability to appeal the decision. The reason behind the appeal could be to fight against the purpose and need for the utility or even argue that the compensation they received was not sufficient. Regardless of the actions a property owner takes in these matters, it is important to be well informed.
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