Florida Eminent Domain Blog | Gregory W. Stoner

Since 2006, Florida law has had very strict rules about when a government authority can take your property. Specifically prohibited reasons for taking your property include:

• Remedy of blight
• Removal of slums
• Removal of public nuisance
• Private or commercial development

In the past, eminent domain would often be used to support private developers in a kind of reverse-Robin Hood arrangement. Combining eminent domain with tax subsidies, governments gave multimillion-dollar corporations a hand up at the expense of small business and residential home owners. Now, eminent domain cannot be used to force you off your property or restrict your ability to negotiate with a developer for what your property is really worth.

Instead, eminent domain is intended to be used for projects with a clear public purpose, including:

• Roads (including toll roads)
• Services to support toll roads
• Telecommunications structures
• Gas and electric utilities
• Water utilities, including wastewater, stormwater, and drainage
• Public buildings like courthouses and schools
• Parks and recreation buildings
• Environmental preserves

When you receive initial "good faith" offer from a condemning authority, it should tell you what project your property will be used for. You can also request a full report that will include all available plans for the project so you can look them over to find whether your property is being sought for an inappropriate purpose.

If you think your property is being sought for a prohibited purpose, we can help you fight eminent domain. Contact the Florida Property Rights Law Firm, PA today to learn more.