Guide to Florida Eminent Domain Law

• Eminent Domain Process
  1. Eminent Domain Authorities
  2. Public Notice and Eminent Domain
  3. History of Eminent Domain
• Your Property Rights
• Challenging the Government
• Eminent Domain Definitions
• 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

HUD Housing and Eminent Domain

Representing Clients in Florida

Eminent domain is a complicated enough proceeding when you are the sole owner of your home, but if your ownership is complicated by the involvement of government agencies like the US Department of Housing and Urban Development (HUD), it can be even more confusing. Depending on how much investment you have in your home, an eminent domain attorney can ensure your rights are protected, no matter how many agencies are involved.

If your home is being threatened by eminent domain, we may be able to help you.  Please contact the eminent domain attorneys at the Florida Property Rights Law Firm, PA for a consultation today.

Types of HUD Housing and Eminent Domain

There are many ways that HUD can be involved in your home.  If you are living in a HUD-owned development, then the government will do all the negotiating in an eminent domain action and will handle the litigation. In this case, after you receive notification that eminent domain is being considered for your housing development, you have nothing to do but wait. Unlike renters in a privately-owned development, who often receive no benefit and much hardship from eminent domain, HUD will guarantee that you are relocated to comparable alternative housing and receive moving expenses.

However, if you are a homeowner who has a Federal Housing Administration (FHA)-insured loan, the situation can be very complicated.

FHA-Insured Loans vs. Private Loans

If your property is mortgaged, the typical situation is that any money received from eminent domain goes first to the lender, until the principal remaining on the mortgage is paid off. Any remaining funds are paid to you.

However, for some FHA-insured loans the situation may be more complicated. Depending on the conditions of your loan, the FHA may own some of the equity in your home. For example, if you refinanced your loan under the Hope for Homeowners (H4H) program, the FHA initially owns 100% of the equity in your home, which decreases every year by 10% until it remains fixed at 50%. In this case, HUD may choose to intervene in an eminent domain action to protect its interest in your home, or it may not.  If it does not, you should be aware that you may receive only a fraction of the benefit from an eminent domain fight over your home.

Experienced Help

Making the decision about whether to fight a condemnation is a difficult one. To make the right choice, you need the expertise of an experienced eminent domain attorney. Please call or email the Florida Property Rights Law Firm, PA today to talk about the threat of eminent domain and how best to respond.