Florida Eminent Domain Blog | Gregory W. Stoner

In order to stop the government from taking your property, you must show that the entity in question doesn't have condemning authority, that the use for which condemnation is occurring is not a legitimate public use, or that your property is not actually essential to the project.

Condemning authorities are generally government entities. They are state, county, or municipal government departments or divisions. They may also include utilities. Sometimes they include private entities specifically given condemnation authority for use in building public improvements (such as a private roadway company). Sometimes, private entities or contractors may attempt to utilize eminent domain without having received specific commission to do so.

Public purpose is strictly defined in Florida law. It cannot include the turning over of your property to a private developer or investor for the mere purpose to increasing economic activity in the area. It also cannot include the elimination of blight, nuisance, or slum. Unless a condemning authority can show a valid public purpose, they cannot take your property.

Essential property should be established by a condemning authority by survey before seeking the land. Sometimes, though, these surveys are off. Other times, there are multiple sites that will work equally well for a project, and disputing a petition can make the government use one of the other sites.

Actually protecting your property from eminent domain takes the assistance of an experienced eminent domain attorney. If you want to protect your property from eminent domain in Tampa or across Florida, please contact the Florida Property Rights Law Firm today for a free initial consultation.