Property Rights Law Firm, P.A.

eminent domain Archives

Guiding you through the eminent domain process

A government taking sounds like a very harsh and negative event. While it does entail the government taking some or all of your property against your will, it does not mean a property owner in Florida or elsewhere has no rights to take action. Thus, it is first important to understand the eminent domain process, as this information can help a property owner take steps to best protect their rights and options.

Helping you understand the eminent domain process

When a property owner sells their property, they likely complete the transaction by listing their property for sale. However, this sale could also be the result of a government taking. Eminent domain is when the government takes land from property owners for the benefit of the public. When this taking occurs, the property owner is supposed to be compensated for the property; however, just compensation does not always occur.

What reasons can bring about eminent domain in Florida?

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.

Understanding the eminent domain process

The last thing a property owner in Florida wants to see happen to their property is see it taken away from them. However, that is what could happen if the government seeks to use a private property owner's property for the benefit of the public. Through the act of eminent domain, the government could take some or all of one's property for the purpose of serving the public. However, property owners do have rights in these matters that should not be overlooked.

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.

Restrictions for selling property taken through eminent domain

There is a lot of land in Florida and some of it is owned by private individuals and entities and some of it is owned by various governmental agencies. Private owners of land have many rights and generally no one can take the property from them unless they agree to either sell or transfer the property to another person or entity. However, there are a couple exceptions to that rule and one of them is that the government can take all or portions of private property to use for public use through eminent domain.

What property cannot be taken through eminent domain?

The reach of the government to take land through eminent domain may seem limitless. Eminent domain can deprive Florida residents of their ownership of land and other parcels of real estate. Readers may not be aware that eminent domain can apply to other types of property, like franchises and legal agreements, and that there are different bases on which the government can plead its eminent domain cases.

What is just compensation in an eminent domain case?

Eminent domain is a legal process wherein the government takes the private land of an individual for public use and provides that individual with just compensation. For a person who loses their home or the property that they have worked hard to develop through eminent domain, no amount of compensation may seem just. In Florida and jurisdictions throughout the nation, just compensation is often based on the value of the property at the time of the taking.

Orlando shopping center tenants have more time to move

Having one's home taken through eminent domain can impose a significant upheaval in the life of a Florida family. However, the challenges of vacating a property and finding a new place to live can be just as hard for commercial businesses. In Orlando, around two dozen businesses will have to find new places to operate due to a taking of the Crossroads of Lake Buena Vista retail center.

What constitutes a taking of land through eminent domain?

The Fifth Amendment to the United States Constitution ensures that private citizens may not have their land taken from them for public use without just compensation. This provision is often referred to as the "Takings Clause" of the Bill of Rights, and Floridians often rely on it when they believe that the government is attempting to deprive them of their property. While a direct taking of someone's land is a clear example of what the founders may have anticipated when they drafted the Fifth Amendment, changes in land use laws may also constitute takings of private citizens' property.


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