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Author: Jimerson Birr

Riparian Rights in Florida: Docking and Wharfing

August 24, 2015 Community Association Industry Legal Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Ownership of waterfront property is particularly desirable in Florida and often involves unique real property considerations.  It is often difficult to distinguish where the private land rights cease and the sovereign land ownership begins.  As a result, a subset of real property law has emerged to address what is called […]

Protecting Property Interests and Rights in Eminent Domain Actions and Government Takings: Part III – Regulatory Taking

August 18, 2015 Florida Eminent Domain Law Blog

This blog post is part III in a series of posts to assist private property owners with protecting their property interests and rights in eminent domain actions and government takings. Part I provided a general overview of eminent domain and the government’s ability to take private property for public use. Part II discussed Florida law on the allowable scope for the taking of private property, which is determined by the element of reasonable necessity. This post will address regulatory takings that affect private property rights.

Top Five Things Real Estate Developers Should Know About Florida’s Construction Laws

August 17, 2015 Construction Industry Legal Blog

While real estate developers should be well-versed in Florida’s construction laws, there are particular aspects of construction law that developers should know backwards and forwards. This blog post will discuss the top five things real estate developers should know about Florida’s construction laws including proper payment, warranty liability, claims under Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”), claims under Chapter 558, Florida Statutes, and the timing limitations of claims imposed by the statute of limitations and repose.

Florida Condominium Association Obligation to Repair Windows

July 23, 2015 Community Association Industry Legal Blog

“Who is going to fix this?” and “Who is going to pay for this?” These are common questions facing unit owners and associations when condominium property needs repair. The answer will most likely be found in the condominium declarations, which typically describe the boundaries of each unit. But sometimes the declarations fail to adequately describe those boundaries; and the fine line delineating who is obligated to repair becomes indiscernible and worse, debatable. This is especially true when describing windows, doors, sliders and skylights in the associated with the condominium unit. Because the materials used are exposed to both the inside and outside of each unit; the condominium declarations must be very clear where the unit owner’s interest begins, and also where it ends. This post provides a brief overview of the Florida condominium association’s obligation to repair and maintain windows under Florida law.

Protecting Property Interests and Rights in Eminent Domain Actions and Government Takings: Part II

July 21, 2015 Construction Industry Legal Blog, Florida Eminent Domain Law Blog

This blog post is part II in a series of posts to assist private property owners with protecting their property interests and rights in eminent domain actions and government takings. Part I provided a general overview of eminent domain actions and the government’s ability to take private property for public use. Future posts in this series will provide further insight into various issues concerning eminent domain actions, such as maximizing just compensation and the ability to recover attorney’s fees. This post discusses Florida law on determining the allowable scope for the taking of private property by a government entity.

July 2015

July 21, 2015 In The News

The Jacksonville Business Journal reports on Jimerson Birr and the eight other companies named one of the 100 best companies to work for in Florida by Florida Trend magazine.

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Charles B. Jimerson
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Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

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