Florida Eminent Domain Blog | Gregory W. Stoner

Eminent domain can only be exercised by appropriate condemning authorities. Initially, this authority was granted to "corporation[s] organized for the purpose of constructing, maintaining, or operating public works," under the old system where corporations were only created as a short-term, project-oriented entity that would dissolve once its purpose was fulfilled. More recently, eminent domain power was expanded to:

• Dams for waterpower
• Railroads (including electric railways)
• Waterworks, sewer, and wastewater systems
• Natural gas companies, petroleum, and petroleum products pipeline companies

Interestingly, eminent domain for electric power companies is handled differently. Electric utilities can only exercise eminent domain if they were established by 1975 in the state of Florida. Other entities (including municipalities) can only exercise eminent domain through the agency of one of these established electric utilities. Furthermore, foreign governments, private individuals, and foreign utilities cannot exercise the power of eminent domain unless they are working in concert with an established electric utility.

If your property is being threatened by eminent domain, the first question to ask is whether the condemning authority actually has the authority to condemn your property. At the Florida Property Rights Law Firm, we know how to ask these questions and defend your property or get full compensation for your loss. To learn more, please contact us today to schedule a consultation.