When the government takes property from a land owner under eminent domain, it is given that the government must pay the owner for the value of the property taken. However, tenants and leaseholders of property are often unsure as to their rights to compensation. The reality is that owners of […]
In many cases, property owners become aware that eminent domain proceedings will affect their property, but owners are often surprised to learn how long the process takes. Major government projects can take years of budgeting, engineering, and planning before the first parcel is ever taken by eminent domain. Early in […]
Sign, sign, everywhere a sign. Businesses all over Florida use signs and billboards to advertise their brands and products to the consuming public. Private landowners can make money by granting easements to outdoor advertising companies, which construct billboards on property nearby major interstates. Some property owners may wish to advertise […]
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 […]
Owners of waterfront property have “riparian rights” to access the navigable water and the right to a waterfront view in addition to their rights to use their upland property. Docking rights often are an area of dispute, not only for waterfront property owners seeking dock permits from the government, but […]
Many times, mineral and subsurface rights are more valuable than the land or buildings that sit on top of them. Florida landowners facing eminent domain governmental condemnation must be compensated for the full extent of their ownership, including mineral and subsurface rights. The Power of Eminent Domain The Fourth and […]
Property owners often install fixtures to their land without knowing that their land will one day be seized through eminent domain governmental condemnation. In Florida, property owners must be compensated for everything that is seized through eminent domain, including installed fixtures. Requirements of Eminent Domain At the federal level, the […]
“Full compensation” is designed to make the property owner whole, as if the condemnation never occurred, and the owner voluntarily sold the property.
In Florida, property owners are entitled to receive full and fair compensation when their property is taken by a governmental entity. Property takings can involve less than a property owner’s entire property. When that happens, full compensation for the property includes both the value of the portion taken and any […]