Guide to Florida Eminent Domain Law

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Challenging the Government

The Florida Property Rights Law Firm has successfully challenged the government's right to take property on various grounds:

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 Florida Property Rights Law Firm 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 Florida Property Rights Law Firm 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 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 Florida Property Rights Law Firm attorneys can get the taking authority to pay all attorney fees and taxable costs, including expert witness fees. Additionally, if the Florida Property Rights Law Firm 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.

If you are facing the condemnation of your property, there is no need for you to simply accept what the government gives you. Contacting an experienced eminent domain lawyer won't cost you anything, and it may well mean the difference of millions of dollars. Call or email the Florida Property Rights Law Firm today to set up your free initial consultation.

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