What Is Considered A Taking?

There are several types of takings which may occur through eminent domain. The attorneys at the Florida Domain Law Firm have extensive experience with each type.

Complete Taking – In a complete taking, all of the property at issue is appropriated.

Partial Taking – If the taking is of a portion of property, such as the condemnation of a strip of land to expand a road, the owner should be compensated both for the value of the strip of land and for any effect the condemnation of that strip has on the value of the owner’s remaining property, termed severance damages. Click here for more information about partial takings.

Temporary Taking – Part or all of the property is appropriated for a limited period of time. The property owner retains title, is compensated for any losses associated with the taking, and regains complete possession of the property at the conclusion of the taking. For example, it may be necessary to temporarily use a portion of property from an adjacent parcel to complete a construction or highway project.

Easements and Rights of Way – It is also possible to bring an eminent domain action to obtain an easement or right of way. For example, a utility company may obtain an easement over private land in order to install and maintain power lines or gas lines. The property owner remains free to use the property for any purpose which does interfere with the right of way or easement, but can still receive payment for any loss in value suffered by the property across which the easement or right of way occurs. Click here for more information about easements and rights of way.

If your property has been condemned by the State of Florida or any other governmental authority, the attorneys at The Florida Property Rights Law Firm will help you understand the condemnation process and your rights as a Florida property owner. We’ll fight to help you keep your property and/or ensure that you receive full compensation for your property.

Our condemnation attorneys represent private property and business owners throughout the State of Florida. We don’t charge for an initial consultation and, in most cases, the government has to pay your court costs and our attorneys’ fees. Please call or email us today to schedule your initial consultation.

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