Location, location, location. People pay big money for property with open air, great lighting and incredible views. Sometimes a government project infringes upon those valuable qualities so much that it is deemed a taking. If they assert eminent domain in Florida, the owner is entitled to full compensation. Likewise, if […]
“Full compensation” is designed to make the property owner whole at an eminent domain proceeding. It’s as if the condemnation never occurred and the owner voluntarily sold the property. But what if the condemning authority takes something less than the entire property? Any taking of an interest in your property—no matter […]
“Full compensation” is designed to make the property owner whole, as if the condemnation never occurred, and the owner voluntarily sold the property.
There are two primary types of fraudulent transfers contemplated under Florida’s Uniform Fraudulent Transfer Act (“FUFTA”)—actual fraudulent transfers and constructive fraudulent transfers. When a debtor makes a transfer with “actual intent to hinder, delay or defraud” a creditor—that is, “actual fraud” under Fla. Stat. 726.105(1)(a)—insolvency of the debtor is largely irrelevant.
You have already engaged in pre-suit negotiations with the condemning authorities. However, the parties were simply too far apart to agree on the compensation for taking of your property. Perhaps the parties came to an impasse, and the condemning authorities filed a petition in eminent domain, seeking a determination of […]
It’s that time of year again. Every August, the county property appraisers throughout the state of Florida, mail their annual “TRIM” notices to all owners of residential and commercial property. If you are a property owner, you may be quite familiar with this notice, which prominently states “DO NOT PAY […]
You have been served with a lawsuit, and a governmental condemning authority is seeking to take your property under an eminent domain petition. Chances are, you anticipated the lawsuit, as you have likely been negotiating with the condemning authority, and the parties simply could not agree on the compensation offered […]
Whether you are a landowner, a tenant or a business on property subject to eminent domain, you should not be surprised when the government (or condemning authority) files a lawsuit against you to take your property. After all, the condemning authority is required to follow strict pre-suit notice and negotiation protocols before any lawsuit is filed to take your property. See Brandon C. Meadows’ and Charles B. Jimerson’s article on the procedures the government must follow before filing an eminent domain lawsuit.
Nonetheless, you have been sued by the government, which is seeking an order of taking against your property. Understanding the process and your substantive rights in the lawsuit will ensure that you are best equipped to obtain full and fair compensation for your property.
Before filing an eminent domain lawsuit against a property owner, Florida law requires the government or the condemning authority to conduct very specific procedures. These special procedures and considerations are designed to ensure that the taking of any property is valid and that the property owners are given a fair opportunity to resolve the issues with the government before the suit is filed. It is critical for property owners to understand their pre-suit rights throughout this process to obtain full and fair compensation for any taking of their property.
Many creditors are aware that Florida’s Uniform Fraudulent Transfer Act (“FUFTA”) is a powerful remedy used to avoid and unwind transfers of assets that debtors may make to hinder, delay and defraud their creditors. But what if you (the creditor) discover that your debtor made a transfer, and you didn’t know it was actually fraudulent under FUFTA until a year later? Your fraudulent transfer claims may be forever extinguished as being time barred, without a tolling period to account for the time that elapsed before the fraudulent nature of the transfer was discovered.