Guide to Florida Eminent Domain Law
Eminent Domain Process- Your Property Rights
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- The Nature of the Power of Eminent Domain
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Florida Eminent Domain Blog | Gregory W. Stoner
The Florida Eminent Domain Law Firm, PA
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Wednesday, March 18, 2009
Marion County Offers $1.65 Million for Proposed School Property
In an attempt to ease overcrowding, the Marion County School District has proposed the construction of a new elementary school in the near future and a possible middle school later on. The new schools, which will be located in Silver Springs Shores, are intended to reduce overcrowding, which has grown severe in the southeastern part of Marion County. The School Board agreed to begin condemnation procedures and offer the owner a total of $1.65 million for the property. This is $25,000 per acre, about 14 % below the owner's asking price.
The plan is that construction the elementary school will begin in late 2010 or early 2011. The plan is that the elementary school would be built first, and the middle school later as a separate campus but on adjacent property. This would allow for the construction of common buildings, like a cafeteria and library, that could be used by both schools. The plan is similar to that already used for Hammett Bowen Jr. Elementary and Liberty Middle School in Ocala.
When crowding begins to affect instruction, we can all agree that schools have to be built, but that does not mean you have to take the government's first offer. Your property is your property, and you deserve full compensation. You may at first feel hesitant to ask more from a school district when you hear about teachers being laid off, but remember that capital funds (used for construction of new buildings, including the cost of eminent domain takings) are legally separate from funds used to pay teachers' salaries and fund school programs. You will not be taking one dollar out of teachers' pockets.
If a school construction or other public use project has put your property in danger of condemnation, you need an experienced eminent domain lawyer who can help you fight for your property and get the maximum compensation if you cannot stop the taking. Please schedule a condemnation consultation at the Florida Property Law Firm, P.A. today to learn how we can help.
The plan is that construction the elementary school will begin in late 2010 or early 2011. The plan is that the elementary school would be built first, and the middle school later as a separate campus but on adjacent property. This would allow for the construction of common buildings, like a cafeteria and library, that could be used by both schools. The plan is similar to that already used for Hammett Bowen Jr. Elementary and Liberty Middle School in Ocala.
When crowding begins to affect instruction, we can all agree that schools have to be built, but that does not mean you have to take the government's first offer. Your property is your property, and you deserve full compensation. You may at first feel hesitant to ask more from a school district when you hear about teachers being laid off, but remember that capital funds (used for construction of new buildings, including the cost of eminent domain takings) are legally separate from funds used to pay teachers' salaries and fund school programs. You will not be taking one dollar out of teachers' pockets.
If a school construction or other public use project has put your property in danger of condemnation, you need an experienced eminent domain lawyer who can help you fight for your property and get the maximum compensation if you cannot stop the taking. Please schedule a condemnation consultation at the Florida Property Law Firm, P.A. today to learn how we can help.
posted by Anonymous at 2:02 PM
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Wednesday, March 11, 2009
Stimulus Money May Lead to an Increase in Eminent Domain in Florida
The Stimulus Package signed into law by President Barack Obama on February 17, 2009 includes $ 317.7 billion in direct government spending. Of this money, over $1 billion is slated for infrastructure and housing projects in Florida. And most, if not all of those projects, will require the use of eminent domain.
Florida law prohibits the use of eminent domain merely for the removal of urban blight or the promotion of private, ostensibly job-creating enterprises, but most infrastructure improvements will require the use of eminent domain.
Road widening, road improvements, and new roads are probably the most common project that requires eminent domain. However, the creation of public services, from recreation centers to courthouses also often requires the use of eminent domain. The Department of Education has been given a huge chunk of the stimulus package, $41.5 billion, and, though much of it is slated for new subsidized student loans, some of it will go to the renovation of old schools and the construction of new ones.
Energy and environmental projects received nearly a third of the total budget, just shy of $100 billion. Energy projects that may require eminent domain in Florida include wind generation plants, solar energy plants, and experimental tidal energy plants. Environmental projects that may require the use of eminent domain in Florida include environmental offsets for road projects, expansions of protected areas, and reclamation of deserted (and possibly polluted) industrial sites.
No matter what the cause or the condemning authority, eminent domain usually means that you will lose your property, although we will fight for your property to the full extent possible. In this time of depressed real estate values, it is even more crucial that you fight for full compensation when all or part of your property is taken, including severance damages. Please call or email us today to schedule an eminent domain consultation with the Florida Property Rights Law Firm, P.A.
Florida law prohibits the use of eminent domain merely for the removal of urban blight or the promotion of private, ostensibly job-creating enterprises, but most infrastructure improvements will require the use of eminent domain.
Road widening, road improvements, and new roads are probably the most common project that requires eminent domain. However, the creation of public services, from recreation centers to courthouses also often requires the use of eminent domain. The Department of Education has been given a huge chunk of the stimulus package, $41.5 billion, and, though much of it is slated for new subsidized student loans, some of it will go to the renovation of old schools and the construction of new ones.
Energy and environmental projects received nearly a third of the total budget, just shy of $100 billion. Energy projects that may require eminent domain in Florida include wind generation plants, solar energy plants, and experimental tidal energy plants. Environmental projects that may require the use of eminent domain in Florida include environmental offsets for road projects, expansions of protected areas, and reclamation of deserted (and possibly polluted) industrial sites.
No matter what the cause or the condemning authority, eminent domain usually means that you will lose your property, although we will fight for your property to the full extent possible. In this time of depressed real estate values, it is even more crucial that you fight for full compensation when all or part of your property is taken, including severance damages. Please call or email us today to schedule an eminent domain consultation with the Florida Property Rights Law Firm, P.A.
posted by Anonymous at 1:55 PM
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Thursday, March 5, 2009
Eminent Domain Representation for Foreign Owners of Florida Property
Many people from the UK, Canada, and elsewhere own property in Florida. The combination of mild weather year-round, miles and miles of beaches, and beautiful water draws people from all around the world to Florida. And Florida is chosen over many other possible tropical locales because the rule of law guarantees your investment to a greater extent than in other places. But when eminent domain threatens your property, you need a lawyer with expertise in Florida's laws to protect your investment, fight the taking, and ensure you get the full value for your property. Whether you are the owner of a business, vacation home, or an investment property, you are entitled to full compensation if the government uses eminent domain to take your property. And the attorneys at the Florida Property Rights Law Firm are prepared to fight for the property rights of all foreign owners.
For the purposes of eminent domain, foreign owners have the same rights as domestic owners of Florida property. However, logistically, your situation is very different. You may be unaware that your property may be the subject of a taking until you receive an offer from the government. Do not be fooled: this offer is often far below market value and rarely represents the amount you can receive for compensation. Review our information about the eminent domain process and you will see that it takes several steps before the final value of compensation is established.
The eminent domain lawyers at The Florida Property Rights Law Firm can serve as your intermediaries in this process. We will fight to get you the maximum possible compensation for your property, whether for a full or partial taking. If you have received an offer from any Florida or US government entity and want representation to protect your property or help get the maximum value, call or email us about your eminent domain case today.
For the purposes of eminent domain, foreign owners have the same rights as domestic owners of Florida property. However, logistically, your situation is very different. You may be unaware that your property may be the subject of a taking until you receive an offer from the government. Do not be fooled: this offer is often far below market value and rarely represents the amount you can receive for compensation. Review our information about the eminent domain process and you will see that it takes several steps before the final value of compensation is established.
The eminent domain lawyers at The Florida Property Rights Law Firm can serve as your intermediaries in this process. We will fight to get you the maximum possible compensation for your property, whether for a full or partial taking. If you have received an offer from any Florida or US government entity and want representation to protect your property or help get the maximum value, call or email us about your eminent domain case today.
posted by Anonymous at 1:52 PM
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