Guide to Florida Eminent Domain Law

Florida Eminent Domain Blog | Gregory W. Stoner

The Florida Eminent Domain Law Firm, PA

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Sunday, July 31, 2011

Eminent Domain for Water Level Projects

Water is life, and because it is so precious it is highly regulated. Even in a state with as plentiful a supply as Florida, the supply is not infinite, and the number of demands placed on a limited water supply require that every drop be accounted for, which includes the regulated water level of lakes and the flow rates of rivers. Sometimes, in order to maintain flow on rivers, the regulated level of a lake may be adjusted up or down, and in either case it may result in an eminent domain taking of property.

When the water level rises, acres of additional land may be flooded, and when this land is flooded, it must be compensated for. If a municipal water district plans to raise the water level on a lake, it must establish how much additional land will be flooded and provide full compensation to property owners whose property is now flooded.

When the water level falls, you may find that you lose use of the water,http://www.blogger.com/img/blank.gif which represents a taking of your littoral rights. If a water district fails to maintain a lake at the regulahttp://www.blogger.com/img/blank.gifted level, you may be able to http://www.blogger.com/img/blank.gifclaim an inverse condemnation for boat houses, docks, and other structures that are not usable at the lake's lower level.

If the changing water level on a local lake is adversely affecting your property, you may be able to get compensation. To learn more, please contact the Florida Property Rights Law Firm today and schedule a consultation.

posted by Admin at 11:07 AM 0 comments

Saturday, July 30, 2011

Eminent Domain and Leases

If you have a lease on a property that is being condemned, you may wonder whether you will be able to receive compensation as a result of the property's condemnation. In general, Florida law recognizes that having a lease on a property gives you an interest in that property and therefore you are entitled to full compensation for your property rights in the event of a condemnation. http://www.blogger.com/img/blank.gif
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Full compensation may include:
• The value of your lease
• Moving expenses
• Loss of goodwill, profits, and other intangible business damages
• Cost of improvements to property

However, the amount of compensation in all cases is limited by the condemhttp://www.blogger.com/img/blank.gifnation clause of your lease. Read more about eminent domain and leases.

Because of the variable circumstances surrounding every eminent domain action, you are encouraged to consult with a lawyer at the first sign you may lose the property to eminent domain. At the Florida Property Rights Law Firm, we know how to protect your interests in this as in many other condemnation situations. Please contact us today to set up a consultation.

posted by Admin at 11:05 AM 0 comments

Friday, July 29, 2011

High Speed Rail--Did Eminent Domain Torpedo the Project?

In February, Florida Governor Rick Scott rejected plans for the high-speed rail link between Tampa and Orlando, 90% of the cost of which would be paid for by Federal stimulus money. Among the concerns expressed by Governor Scott was that costs to complete the full rail project would saddle Florida with unreasonable expenses. The initial stretch of the railway could easily be cost-controlled because the majority of the right of way runs right along I-4 and is already owned by Florida, and therhttp://www.blogger.com/img/blank.gifefore would require little use of eminent domain.

However, the cost of the full projected high-speed rail project is unknown. Estimates for the actual construction start at $20 billion+ to complete the remainder of the railroad. That figure also doesn't include the potential cost of eminent domain. How much would eminent domain add to the cost?

It's hard to say how much eminent domain would cost for the project, but a conservative estimate would put the figure at about $5 billion, already http://www.blogger.com/img/blank.gifahttp://www.blogger.com/img/blank.gif considerable increase on the project's overall cost, and it's possible that its cost could be much higher.

We may never know about the full cost and benefits of the high speed rail system in Florida. However, as other projects move forward, your property may be threatened by eminent domain. To learn more, please contact the Florida Property Rights Law Firm today to schedule a consultation.

posted by Admin at 11:01 AM 0 comments

Eminent Domain in New York Continues

Although the fight for Atlantic Yards is over, having been lost despite some heroic efforts on the part of a number of residents, eminent domain abuses in New York continue. Now we can look at the situation in East Harlem to see how the use of eminent domain to correct "blighted" neighborhoods can be abused by politicians. In the area between Second and Third Avenues nehttp://www.blogger.com/img/blank.gifar the Harlem River, the city came into ownership of a number of properties. It demolishttp://www.blogger.com/img/blank.gifhed a number of buildings and left the properties vacant. When local owners attempted to acquire the properties to expand existing businesses or open new ones, the city refused to sell. As a result, even in a relatively successful area, the appearance is of a blighted community, where only a few struggling businesses exist amidst acres of empty buildings and vacant lots.

The city's goal is to hand over the entire area as a whole to a large developer. Namely, the city plans to condemn the six acres of land in order to allow the construction of a $700 million East Harlem Media, Entertainment, and Cultural Center, which will include office and retail space, a small hotel, cultural space, and apartments. Thought the majority of apartments are supposed to be set aside for low-, moderate-, and middle-income families, it is unlikely that many of the current businesses in the area will be able to afford space in the new construction, and some may not survive being forced to relocate.
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Fortunately, in Florida, the law prohibits eminent domain abuse of this kind. If you suspect your property is being taken to be handed over to a private developer or because of so-called urban blight, the Florida Property Rights Law Firm may be able to stop the taking. In the event we cannot stop your taking, we can still help ensure you get full compensation for your property.

To learn more, please call or email the Florida Property Rights Law Firm for a consultation.

posted by Admin at 10:58 AM 0 comments