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

Leases and Eminent Domain

Florida Condemnation Attorney

If you have received notice that the property you rent is being condemned, you may wonder what options you have, and whether you will receive compensation as part of the process. In most cases, your lease has in it a condemnation clause that will govern how you will be compensated during the process. The lease will govern what compensation you can receive for improvements and expenses related to the condemnation. However, whether you have such a clause in your lease or not, the details of compensation for renters can be complicated to work out, and we encourage you to talk to a lawyer about what rights you may have.

If you are a renter whose rented property is being threatened by eminent domain, please contact the Florida Property Rights Law Firm today for a consultation about your rights and options.

Lease as Property Interest

If you have a lease on a property, it means you have an interest in that property, an interest that, in the general sense of the law, must receive full compensation under the terms of eminent domain law in Florida. How that lease is to be compensated depends on the commercial value of the lease. Your share of compensation may also depend on whether you made improvements to the property or invested in technically movable fixtures that have no value outside of the current location or are too expensive to move to justify relocation.

You may also be compensated if a partial taking or nearby taking diminished the value of the property. If, for example, a partial taking eliminated your private parking spot, use of exercise facilities, or other features of the property contained in the lease, you may be eligible for compensation. And if changes in the neighborhood, such as an increase in traffic, lights, or noise diminished the desirability of the property, you may be eligible for compensation.

Condemnation Clause

However, regardless of what property interests you might have, in the end the final determinant of what compensation you are actually entitled to depends on the terms of your lease. For example, if you made improvements to the property and the lease claims these improvements automatically become the property of the owner, you may be unable to be compensated for them. You may also lose your rights if the condemnation clause explicitly states that you are not entitled to compensation from eminent domain.

Most complicated cases of eminent domain associated with leases are related to commercial leases, but private property owners can benefit from discussing the options with an eminent domain lawyer.

If the property you are leasing is being threatened by eminent domain, the lawyers of the Florida Property Rights Law Firm can help. To learn more, please call or email us today to schedule your consultation.