The difference between a property taking and a property seizure
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.
As previously discussed on this blog, eminent domain involves the taking of private land for a public use. The taking of land under eminent domain may be complete (all of the property owner’s land), partial (party of the property owner’s land is taken) or temporary (the taking only lasts for a finite period of time). When land is taken through eminent domain the property owner must be compensated for their loss.
However, when the government seizes a landowner’s property, they are not compensated. This is because the seizure is generally made pursuant to a criminal investigation, abandonment or other adverse action. Property seized in this manner is not subject to the restrictions of eminent domain law.
Both takings through eminent domain and property seizures by the government can deprive individuals of their land. The loss of land can be a damaging experience for an individual and it is important that authorities do not overstep their rights when it comes to acquiring the properties of others. Land use and real estate attorneys can always be consulted by individuals who fear the loss of their land to government actions and alleged law enforcement seizures.