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 Water Level Projects

Florida

Although we often think of eminent domain being used for roads, schools, power lines, and other construction projects, eminent domain in Florida is also commonly used in connection with water projects and may even be used in connection with regulating lake water levels. If a local water district is considering flooding all or part of your land as part of a water level project, you are entitled to full compensation for the value of flooded property.
To learn more about getting compensation for flooded property, please call or email the Florida Property Rights Law Firm to schedule a consultation today.

Regulating Water Levels

Water is essential for property development, and to ensure equitable division of the limited supply of freshwater in Florida, laws have been made establishing the maximum level of lakes as well as the flow rates of rivers and the use of aquifer water. Sometimes, to maintain one of these quantities, others must be adjusted. For example, lake levels may have to be adjusted to store water that can then be released to supplement flow in rivers. When lake levels rise, property may be flooded. When they fall, you may lose use of water-related structures such as boathouses or docks.

Compensation for Property Damage

As in any other type of eminent domain case, if the condemning water authority is taking your property, you are eligible to get compensation for your loss. This is applicable whenever a water authority raises the water level of a reservoir, causing more land to be flooded. An eminent domain lawsuit can help ensure you get full compensation for your loss.
In addition, if the changes in water level limit your littoral rights or prevents you from getting full advantage from your property, you can get compensation by claiming that an inverse taking has occurred or seek compensation under the Bert J. Harris, Jr. Private Property Rights Protection Act.

Whether your property has been the subject of an actual taking or not, you are entitled to compensation whenever government action reduces or restricts your property or property rights. The lawyers of the Florida Property Rights Law Firm stand ready to defend your property rights. To learn how we can help you, please contact us today to schedule a consultation.