Whenever the government assumes the possession of a person's land, the original property owner may be deprived of their use and enjoyment of it. Florida residents may lose their land when it is seized due to government action or is taken under eminent domain. This post will offer some information regarding the distinction between these two forms of property loss but readers should always discuss their real estate and land use questions with knowledgeable attorneys.
The difference between a property taking and a property seizure
Restrictions for selling property taken through eminent domain
There is a lot of land in Florida and some of it is owned by private individuals and entities and some of it is owned by various governmental agencies. Private owners of land have many rights and generally no one can take the property from them unless they agree to either sell or transfer the property to another person or entity. However, there are a couple exceptions to that rule and one of them is that the government can take all or portions of private property to use for public use through eminent domain.
What property cannot be taken through eminent domain?
The reach of the government to take land through eminent domain may seem limitless. Eminent domain can deprive Florida residents of their ownership of land and other parcels of real estate. Readers may not be aware that eminent domain can apply to other types of property, like franchises and legal agreements, and that there are different bases on which the government can plead its eminent domain cases.
What is just compensation in an eminent domain case?
Eminent domain is a legal process wherein the government takes the private land of an individual for public use and provides that individual with just compensation. For a person who loses their home or the property that they have worked hard to develop through eminent domain, no amount of compensation may seem just. In Florida and jurisdictions throughout the nation, just compensation is often based on the value of the property at the time of the taking.
Orlando shopping center tenants have more time to move
Having one's home taken through eminent domain can impose a significant upheaval in the life of a Florida family. However, the challenges of vacating a property and finding a new place to live can be just as hard for commercial businesses. In Orlando, around two dozen businesses will have to find new places to operate due to a taking of the Crossroads of Lake Buena Vista retail center.
What constitutes a taking of land through eminent domain?
The Fifth Amendment to the United States Constitution ensures that private citizens may not have their land taken from them for public use without just compensation. This provision is often referred to as the "Takings Clause" of the Bill of Rights, and Floridians often rely on it when they believe that the government is attempting to deprive them of their property. While a direct taking of someone's land is a clear example of what the founders may have anticipated when they drafted the Fifth Amendment, changes in land use laws may also constitute takings of private citizens' property.
Fighting for property owners facing eminent domain actions
It is not unusual for a person to feel the most comfortable in their own home. While taking trips and seeing new places can be fun, many Florida residents take pride in maintaining their own properties and caring for their own residences. A home can be a source of satisfaction for a person who has worked hard to make it into what they want it to be.
Company keeps land thanks to recent Florida legislation
Agriculture is big business in Florida and keeping crops hydrated is a struggle for farmers throughout the state. From small private cooperatives to large agricultural entities, many producers have been impacted in recent years by blue-green algal blooms throughout the state. These blooms have had a detrimental impact on Florida producers and have jeopardized the operations of many agricultural businesses.
Property owners secure compensation for pipeline construction
Ensuring that Florida residents have access to safe and adequate power sources is a constant process of the utility companies that service the state. Over the course of the last decade, multiple power companies have attempted to work together to build a more than 500 mile-long natural gas pipeline through Florida and parts of other surrounding states. The companies engaged in eminent domain proceedings to take land from Florida residents in order to construct their controversial project.
Private beach properties in Boca Raton under scrutiny
Florida is home to many natural wonders, with one of the most beautiful being its miles of coastal beaches. The state has beaches on the Gulf of Mexico and the Atlantic Ocean and provides its residents with many places to live and play near the water. In Boca Raton, many residents love the miles of undisturbed beaches that they consider part of the city's character. While much of the land is publicly owned, certain stretches of it are owned by private individuals.
