Guide to Florida Eminent Domain Law

Florida Eminent Domain Blog | Gregory W. Stoner

The Florida Eminent Domain Law Firm, PA

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Friday, May 31, 2013

California Eminent Domain Controversy over Foreclosures Comes to an End

After months of debate, San Bernardino County, California, has abandoned its proposed plan to use eminent domain proceedings to help its citizens during the mortgage debt crisis. The county and cities had formed a Joint Powers Authority to study the idea last year. Early this year, the committee unanimously agreed to shelve the proposal.

Eminent domain powers are generally reserved to condemning privately owned property and taking it for public use, like building roads or parks. This would have been the first time the eminent domain power was put to the use of bailing out homeowners who were under water on their mortgages.

The plan would have called for local governments to seize control of the mortgages using the eminent domain power. The government authorities would have paid the investors less than face value for the mortgages, then turned around and created new loans for the homeowners.

The plan was controversial from the start. Opponents feared that such use of the eminent domain power would damage struggling housing markets. Other jurisdictions may still consider using eminent domain in this way, but they will face constitutional challenges to its validity.

If you are facing an eminent domain proceeding, please contact Florida Property Rights Law Firm for help from our experienced Orange County lawyers. Call 800-914-8661 today for your free consultation. We help clients throughout the state of Florida.

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Wednesday, May 29, 2013

The Measure and Method for Determining Compensation for Eminent Domain Cases

In Florida you are entitled to full compensation for your property when it is taken through eminent domain. Our experienced eminent domain lawyers can help you establish your case to get every penny you deserve. Whether you live in Miami or St. Petersburg, we help clients just like you fight for just compensation throughout the state.

Fair value for your property is determined by what a willing buyer would pay a willing seller. Appraisers, engineers, economists and land use experts can be brought into negotiations if you do not agree with the government’s valuation of your land. Appraisers will generally look at the following to determine your property value:

Comparable sales in your area for similar properties
Income that your property is capable of producing
Cost of producing a similar building, less depreciation, in addition to the value of the lot

Property values are determined at the time the government attains title to your land or at the time of trial on the matter. This almost always means that whatever your property is worth on the day the government pays you its “good faith” estimate is the point in time that your property will be valued.

If you are facing an eminent domain proceeding, please contact Florida Property Rights Law Firm for help from an experienced eminent domain lawyer in Miami or throughout Florida. Call 800-914-8661 today for your free consultation.

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Monday, May 27, 2013

The Nature of the Power of Eminent Domain

Florida eminent domain law provides for a strong protection of property owners’ rights against the abuse of eminent domain power. The legislature in Tallahassee has amended our constitution to ensure that government taking of private property is for the public good.

The history of the eminent domain power in the United States dates back to the British colonies when the crown granted land rights and could take them at will. Colonial governments often took land to construct roads without compensation to land owners.

By the time the Constitution was written, only a few states required compensation to land owners for eminent domain takings. James Madison added it to the Bill of Rights even though no one particularly campaigned for its inclusion.

Florida, among other states, reacted strongly to a 2005 decision by the U.S. Supreme Court, which upheld the taking of private property in Connecticut for the construction of a new Pfizer research facility.

Florida amended our constitution in 2006 to limit the use of eminent domain powers. Private property may not be taken to benefit private entities unless the action is specifically approved by three-fifths of the Florida legislature.

If you need an eminent domain attorney in Tallahassee or throughout Florida, please contact Florida Property Rights Law Firm. Call 800-914-8661 today for your free consultation.

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Thursday, May 23, 2013

Change in Shape of Your Property Entitles You to Severance Damages

The power of eminent domain allows the government and other entities to condemn your property and take it for public use. In Jacksonville, Orlando, or any other part of the state you are entitled to full compensation for the taking of your private property. This includes a partial taking that reshapes your parcel.

Altering the shape of your property can also lessen the value of the remainder of your land. So when the government or other authorized entity takes only a portion of your property, you should receive compensation for the acreage they took and severance damages for the devaluation of the remainder of your property.

Devaluation often occurs when your property is sliced into a triangular shape by the eminent domain taking. Studies have shown that triangular parcels sell for less than comparably sized rectangular or square pieces of land.

At the Florida Property Rights Law Firm, our experienced eminent domain attorneys can help you recover full compensation for your taken property and the devaluation of the remainder of your property when it is reshaped through the eminent domain process.

If you need an eminent domain attorney in Jacksonville or throughout Florida, please contact Florida Property Rights Law Firm. Call 800-914-8661 today for your free consultation.

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