What reasons can bring about eminent domain in Florida?

| Aug 1, 2019 | eminent domain

No property owner would like being told that the government is going to take their property from them. While this scenario is what eminent domain is, property owners have certain rights in these matters. Not only can they take steps to ensure that they receive just compensation for their property, but they can also assert that there is no valid reason for this taking.

What reasons can bring about eminent domain in Florida? One common reason for the assertion of eminent domain is for utilities. Utilities, such as electric power, are used by the public and benefit the public. And, even if a private owner does not want to sell their property for this use, there are ways around this that might allow this government taking to take place.

Under Florida law, utility companies have the ability to acquire a right of way. Because power lines and pipelines benefit the community at large, utility companies are often successful in these eminent domain actions. However, in order to be successful, they must first establish a need for the new facility. And, once a cost analysis is completed, the utility company must pay the property owner full compensation for the fair market value of the land rights they are acquiring.

Even when the process is completed successfully, it is important for property owners to understand that they have the ability to appeal the decision. The reason behind the appeal could be to fight against the purpose and need for the utility or even argue that the compensation they received was not sufficient. Regardless of the actions a property owner takes in these matters, it is important to be well informed.