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Maximizing Compensation for Temporary Construction Easements (TCEs) in Florida

October 17, 2023 Florida Eminent Domain Law Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Temporary Construction Easements (TCEs) are integral aspects of eminent domain construction projects throughout Florida. Property owners facing the taking and negotiation of a TCE must navigate a complex landscape to ensure they receive full compensation. In this article, we will: Discuss approaching the valuation of a TCE. Shed light on […]

Navigating Temporary Construction Easements in Florida’s Eminent Domain Process

October 11, 2023 Florida Eminent Domain Law Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Eminent domain in Florida often takes center stage when government entities embark on construction projects of public importance. These projects can range from essential road widening initiatives and the construction of new sidewalks to the installation of underground and above-ground utilities and more. In the midst of these endeavors, Temporary […]

Do Homeowners Have a Duty to Disclose Potential Eminent Domain Proceedings When Selling Their Property?

September 20, 2018 Florida Eminent Domain Law Blog

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 […]

Right to Compensation: Are Signs and Billboards Subject to Eminent Domain in Florida?

July 30, 2018 Florida Eminent Domain Law Blog

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 […]

Right to Compensation: Are Light, Air, Views and Access Subject to Eminent Domain in Florida?

June 18, 2018 Florida Eminent Domain Law Blog

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 […]

Right to Compensation: Are Trees and Crops Subject to Eminent Domain in Florida?

June 15, 2018 Florida Eminent Domain Law Blog

“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 […]

Accessing Navigable Water: Allocation of Riparian Rights Among Landowners

June 15, 2018 Construction Industry Legal Blog, Florida Eminent Domain Law Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Are Installed Fixtures Subject to Eminent Domain Governmental Condemnation in Florida?

March 5, 2018 Florida Eminent Domain Law Blog

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 […]

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