Florida Eminent Domain Blog | Gregory W. Stoner

If a new development is being built in your area, it will need access to municipal water supplies. Chances are that current pipes will not be sufficient to supply the new development and new sewer lines may need to be installed to remove waste. These pipes may be planned to go through your property.

Putting a sewer or water line under your property requires a special grant from you known as an easement. An easement allows people to use your property for a specific purpose. In the case of a sewer or water line, remember that an easement means not only that your property can be used for placing the line, but also for maintenance.

If you do not want to allow the sewer line, it may be possible to fight eminent domain if the line is going to serve a private development. Florida law forbids the use of eminent domain to serve private interests, and this argument may be used to stop a proposed sewer or water line.

Even if you cannot prevent an easement, an experienced eminent domain lawyer can help you get maximum compensation for your property rights. Please call or email the Florida Property Rights Law Firm, P.A. to learn more about your rights and how to protect them.

Responsible development is a powerful concept in contemporary planning. Communities are demanding that private developers and government agencies be aware of the environmental impact of any given project.

Although responsible development is good for the environment and for the community as a whole, it can lead to an increased use of eminent domain. Now, roadway and other public projects need land not only for the project itself, but also for environmentally conscious areas set aside to offset the environmental damage of the project.

An example of this is the Wekiva Parkway Project. In planning this project, the Florida Department of Transportation (FDOT) and its local partner, the Orlando-Orange County Expressway Authority (OOCEA), sought to acquire land not only for the road, but also for conservation areas of the "natural treasure" that is the Wekiva River Basin. In all, 9,000 acres were set aside as part of this project. Although some of it was already park land, other parcels were obtained through eminent domain to serve as conservation areas.

If you have property and a government agency wants to purchase it for conservation purposes, refusing to take the government's first offer does not mean you are opposed to conservation. You have a right to get the best possible value for your property, no matter why the government seeks to acquire it.

If you are facing a condemnation procedure for your property, no matter why the government seeks it, the lawyers at the Florida Property Rights Law Fim, P.A. can help. Contact us today to learn how.

Business damages are different from other eminent domain damages because they are not guaranteed in either the Florida or the US Constitution. In the words of the Supreme Court of Florida, they are "a matter of legislative grace, not constitution imperative." As a result, they are not considered part of either "just" or "full" compensation.

But this does not mean that business losses you incur as a result of an eminent domain taking of your business property are not considered by the court. There are several ways in which the court can compensate you for these "intangibles."

Property appraisal should include the value of your land at its "highest and best" use, which should take into account the value of the location for your business. You should be compensated at a rate that would allow you to purchase a new property of comparable value for your business, although whether you can actually find such a location can never be guaranteed.

Statutory damages have been granted for businesses in certain situations. This includes businesses that are subject to a partial taking for certain types of rights-of-way when the partial taking forces the business to relocate. Sometimes, it can be argued that the loss of your current location is tantamount to losing your business entirely and receive full compensation based on the total value of your business. Statutory business damages are granted in a separate hearing after the conclusion of the normal eminent domain process.

Property cures for partial takings that threaten your business can be designed to minimize business damages and restore your business to its state before it was affected by condemnation. These are incorporated into severance damages.

If your business is threatened by eminent domain, a skilled property rights lawyer can help you get the maximum allowable compensation for your property. Contact the Florida Property Rights Law Firm, P.A. today to learn more about protecting your business from irreparable damage due to eminent domain.

Although we might like to imagine that inverse condemnation is when a government agency gives you property, this is unfortunately not the case. Instead, inverse condemnation is when the government essentially takes your land without asking, and you are forced to start a lawsuit to get compensation.

In the normal condemnation process, the government first comes to you with an offer to purchase all or part of your land. If you refuse the offer, condemnation hearings are held to determine whether the government entity, known as the condemning authority, can use eminent domain to take your land. If so, then additional hearings may be held to determine how much the condemning authority should pay you for your property.

In an inverse condemnation, a government agency simply takes your property or rights associated with your property, without asking, sometimes even by accident. For example, a government agency excavating near your property may remove ground support from under a structure, whether an outbuilding or your house, causing damage or even a collapse. You deserve compensation in this situation, and an inverse condemnation lawsuit can help you get that compensation.

If a government agency has damaged your property or is taking advantage of your property rights, it is important to act as soon as you learn of the damage. To learn more about inverse condemnation and your right to compensation, please schedule a free consultation with the Florida Property Rights Law Firm, P.A. today.