Defending Property Owners’ Rights
Understanding your rights is the key to being able to fight the government when it decides to take your property via the eminent domain process. There are essentially two course of action that you can take after you have received notice that the government is interested in condemning your property:
- You can fight to prevent the government from taking your property through the eminent domain process.
- You can work to ensure that you receive the maximum compensation for the property the government takes.
Both of these options require a depth of knowledge on the eminent domain process in order to be able to take effective action.
The Decades Of Experience You Need
At the Property Rights Law Firm, P.A., we have decades of experience focused on helping property owners understand and exercise their rights. We use that experience to help people defend their property and to ensure that they receive the maximum compensation from the government when a taking does occur.
Two limitations that restrict the eminent domain power of the government under Florida law include:
- The taking is only allowed if the land is used for the public good.
- The government must provide you with full compensation for the property taken.
What does Full Compensation Mean?
Full compensation includes the fair market value of the land as well as:
- Fixtures and equipment— Any improvements you have made to the property must be compensated.
- Business damages — If the government takes a portion of the property and your business is financially damaged, then the government must not only compensate you for the land but also for the financial loss caused to the business as a result of the taking.
- Inventory — If you have to relocate your stock or sell it at a loss as a result of the condemnation, you must be compensated for these expenses or losses.
- Precondemnation damages — If your property is condemned later than surrounding properties and the progress of the project leads to damage of your property, you must be compensated for that damage.
- Interest — If you fight a condemnation and receive a higher compensation as a result, you will be paid interest on the difference between the two amounts, starting from the moment the government assumed the title of your property.
- Attorney’s fees, including appraisal fees — It is the government’s responsibility to pay the attorney and the appraisers you hired to get full compensation for your property.
- Severance damages — In the event of a partial taking, you have a right not only to the value of the property actually taken, but also to the value lost by the remainder of your property in the separation.
Related topics that may address your concerns include:
- Understanding the Brett J. Harris Private Property Rights Protection Act.
- Protecting your littoral property rights.
- How does Florida law prevent eminent domain abuse?
- What if high-speed rail is part of my case?
- Are water levels part of your case?
- Has access to your property been interfered with?
Property Owners’ Rights Attorneys Serving All Of Florida
Knowing your rights as a property owner is the first step in making sure they are not violated. Turn to the Property Rights Law Firm, P.A., for the skilled help you need. To schedule a free initial consultation, call 407-208-2652 or contact us online.