Florida Eminent Domain Blog | Gregory W. Stoner

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.