Eminent Domain For Water Level Projects
Although we often think of eminent domain being used for roads, schools, power lines, and other construction projects, eminent domain in Florida is also commonly used in connection with water projects and may even be used in connection with regulating lake water levels. If a local water district is considering flooding all or part of your land as part of a water level project, you are entitled to full compensation for the value of flooded property.
To learn more about getting compensation for flooded property, please call or email the Florida Property Rights Law Firm to schedule a consultation today.
Regulating Water Levels
Water is essential for property development, and to ensure equitable division of the limited supply of freshwater in Florida, laws have been made establishing the maximum level of lakes as well as the flow rates of rivers and the use of aquifer water. Sometimes, to maintain one of these quantities, others must be adjusted. For example, lake levels may have to be adjusted to store water that can then be released to supplement flow in rivers. When lake levels rise, property may be flooded. When they fall, you may lose use of water-related structures such as boathouses or docks.
Compensation for Property Damage
As in any other type of eminent domain case, if the condemning water authority is taking your property, you are eligible to get compensation for your loss. This is applicable whenever a water authority raises the water level of a reservoir, causing more land to be flooded. An eminent domain lawsuit can help ensure you get full compensation for your loss.
In addition, if the changes in water level limit your littoral rights or prevents you from getting full advantage from your property, you can get compensation by claiming that an inverse taking has occurred or seek compensation under the Bert J. Harris, Jr. Private Property Rights Protection Act.
Whether your property has been the subject of an actual taking or not, you are entitled to compensation whenever government action reduces or restricts your property or property rights. The lawyers of the Florida Property Rights Law Firm stand ready to defend your property rights. To learn how we can help you, please contact us today to schedule a consultation.