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Eminent Domain in Florida: Recovery of Attorney Fees

November 14, 2016 Florida Eminent Domain Law Blog

Roadwork and other governmental projects are prevalent in Florida and often require the government to acquire private property. Both the Florida Constitution and the United States Constitution provide that no private property shall be taken for a public purpose without full compensation. A land owner’s constitutional right to full compensation for property taken by the government includes the ability to recover reasonable attorneys’ fees in the process. JEA v. Williams. The ability to recover attorneys’ fees, even in pre-suit negotiations, is an important consideration for owners when dealing with a government entity seeking to acquire the owner’s real property.

Riparian Rights in Florida: The Right to Accretions and Relictions

October 18, 2016 Construction Industry Legal Blog, Florida Eminent Domain Law Blog

Ownership of waterfront property is very desirable in Florida and often involves unique real property considerations. But when we discuss waterfront property in Florida, one of the most attractive and most sought-out features is an incredible water view. When it comes to private waterfront property ownership, it can be difficult to distinguish where the private land rights cease and the sovereign land ownership begins. More difficult is when your neighbor begins construction or activity that actually blocks your waterfront view. As a result, a subset of real property law has emerged to address what is called “riparian rights.”

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

October 22, 2015 Construction Industry Legal Blog, Florida Eminent Domain Law Blog

This blog post is part V 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. Part III addressed regulatory takings, and Part IV explained how “just compensation” is determined. The fifth and final addition to this series concerns a property owner’s entitlement to attorney’s fees in eminent domain proceedings.

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

September 8, 2015 Construction Industry Legal Blog, Florida Eminent Domain Law Blog

This blog post is part IV 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. Part III addressed regulatory takings. This post will discuss “just compensation” and how it is determined.

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.

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.

Protecting Property Interests and Rights in Eminent Domain Action and Government Takings: Part I

June 22, 2015 Construction Industry Legal Blog, Florida Eminent Domain Law Blog

“Change is inevitable – except from a vending machine”—Robert C. Gallagher. The history of human civilization has taught us that change through new land development is constant and a never ending occurrence. Sure, land development ebbs and flows with economic cycles, but new construction can always be found somewhere at any given time. With land development comes the need for new and expanded infrastructure, involving government action at some level. Private citizens, whose property is in the crosshairs of government development plans, will receive notice that all or part of their property is subject to governmental taking — the proverbial offer that you can’t refuse. Yet, thanks to the U.S. Constitution, private citizens are not without rights here. This blog post is part I in a series of posts to assist private property owners with protecting their property interests, maximizing just compensation and ensuring entitlement to attorney’s fees in eminent domain actions and government takings.

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