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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 […]

Defending Eminent Domain Condemnation: Preparing for Trial After a Lawsuit has been Filed Against You

July 20, 2017 Florida Eminent Domain Law Blog

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 […]

Common Deficiencies in Eminent Domain Real Estate Appraisals

April 12, 2017 Florida Eminent Domain Law Blog

Eminent domain proceedings are legal proceedings brought by the government, or an entity acting on behalf of the government, to seize private property for public purposes. The government has the right to seize private property for public use only if the property owner receives full compensation. During the eminent domain proceedings, the issue typically turns on whether the landowner has received a fair appraisal in order to receive full compensation for land. Oftentimes, a property is not properly appraised and just compensation is not offered. While the following list below is not an exclusive list, these are common deficiencies that landowners and landowner attorneys can look for when evaluating the adequacy of the government’s real estate valuation.

Order of Taking: What You Should Know When the Government Sues to Quickly Take your Property under Eminent Domain

April 4, 2017 Florida Eminent Domain Law Blog

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.

What Procedures Must the Government Follow Before Filing an Eminent Domain Lawsuit Against You?

March 1, 2017 Florida Eminent Domain Law Blog

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.

When Government Actions Rise to Inverse Condemnation Claims

November 22, 2016 Florida Eminent Domain Law Blog

Eminent domain is a legal proceeding brought by the government, or an entity acting on behalf of the government, where the government actor asserts its authority to condemn private property for public use. Lingle v. Chevron, 544 U.S. 528 (2005). Under the U.S. and Florida Constitutions, the government can take private property only in limited situations and must pay the private property owner just compensation for the land it takes. But what happens when there is a de facto governmental taking of private property without any eminent domain proceedings and no just compensation paid to the property owner? What recourse does the property owner have after-the-fact? The available remedy is called inverse condemnation.

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