Florida Eminent Domain Blog | Gregory W. Stoner

Property rights are fundamental to the rule of law in the US, so fundamental that it is easy to take them for granted. Worse, when you are facing an eminent domain action, it may seem like the government is able to just tramp all over your property rights whenever it feels like it. But when you look at how the issue is handled in other countries, it gives us a greater appreciation of the protection we get under eminent domain laws in the US.

In China, for example, eminent domain laws are vague and do little to protect individuals from the appropriation of their land by zealous officials. As part of the recent urbanization drive, the state took about 1.67 million acres of rural land for urban construction from 1986 to 2006, displacing 120 million Chinese peasants. For comparison, the population of the four most populous US states: California, Texas, New York, and Florida is only about 100 million.

These people have little recourse to prevent the taking of their land, and are unlikely to receive even modest compensation. Eminent domain laws in China are poorly developed for three reasons:

• China's history has long prioritized collective interests over individual rights
• The drive to industrialization blinds policy-makers to other concerns such as the preservation of individual rights
• Finally, a decentralized authority makes it difficult for the central government to exercise control over local states, which sometimes abuse eminent domain as a source of government revenue

With all these factors working against it, there is no wonder that protection of property rights may be a long time in coming for China.

Fortunately, in the US, and in Florida in particular, we have very strong eminent domain laws that can protect you from illegal government taking of your property.

If you are facing condemnation of your property, we can help you fight to keep your property or receive full compensation. Please contact the Florida Property Rights Law Firm today for a free consultation.