Florida Eminent Domain Blog | Gregory W. Stoner

China Struggles with Eminent Domain Law

2012-01-26T07:56:00.000-08:00

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.

Process of Eminent Domain in Florida

2011-12-12T10:25:00.000-08:00

The process of eminent domain in Florida can be difficult to understand. We have a complete rundown on the process of eminent domain, but here is a quick summary to help you keep it straight:

• Planning and public forums are generally the first stage in any public works project. If you are aware of them, you may learn of a plan that may or may not require eminent domain months or years before it is determined whether your property will be involved.

• Most often, the first people hear about eminent domain, though, is when the government makes an initial offer to purchase your property for what they consider fair market value. This is the best time to talk to an eminent domain lawyer.

• If you do not wish to sell, the government will file a court action. You will be informed of this action as required by law.

• The Order of Taking hearing is scheduled. At this hearing, we can fight the government's attempt to take your property, generally on the grounds that the taking is not for a legitimate public use.

• If the government succeeds in the Order of Taking hearing, they will pay you a "good faith" estimate of your property's value. After paying off mortgages, liens and encumbrances, the balance is yours. The government will take title to your property, but you do not have to accept this estimate as final. You still have an opportunity to fight for full compensation.

• At the next hearing, we will make arguments about what full compensation for your property would mean. This includes any severance damages or other applicable expenses due to the taking.

• If we are still not satisfied with compensation, we have the opportunity to appeal the decision.

When compensation is finalized, the government agency will be required to pay court costs and lawyer's fees. You never have to pay your eminent domain attorney, nor will you have to pay for experts' fees and appraisers, or other expenses you may incur in trying to establish the proper value for your property.

If you are facing an eminent domain action, don't face it alone. Instead, contact the eminent domain lawyers at the Florida Property Rights Law Firm today.

The Problem with Old Easements

2011-11-16T07:43:00.000-08:00

An easement is when you don't actually give up your land, but instead allow particular individuals or the general public to use your land for a particular purpose. It's technically still yours, but the other party has the right to use it for that purpose in perpetuity, and whether you try to sell your land or are being faced with an eminent domain taking, the value of your land could be diminished by the presence of old easements.

There are two ways easements happen. One way is if the government or another party comes to you and requests the use of your land. If the government is making the request, it is handled as an eminent domain procedure, often with an offer of what they consider to be fair market value for the easement. They may offer to pay a single lump sum, an annual payment, or obtain the use in exchange for good or services. For example, a water district may request the right to build an irrigation ditch on your land in exchange for supplying you with some number of acre-feet of water, or providing you with some other benefit.

Another way an easement can happen is if someone just starts using your land, without your permission, but without any significant effort to stop it on your part. One of the most common examples is when kids take a shortcut across your property to get to school, the convenience store, movie theater, or other common destination. They may take advantage of or even make a hole in your fence. If you do not repair the hole in the fence or take other actions to communicate that this is an unwelcome use of your property, once enough time has passed the courts may consider that you have essentially granted an easement for people to use this path across your property. Generally, the action you must take is more than simply posting a "no trespassing" sign. You must repair the fence, put up other barriers, or take legal action to assert your property rights. If you wait too long, you may not be able to re-assert your exclusive property rights. If you wait ten years to repair a fence, for example, when you do repair the fence, the traditional users of the path may be able to successfully sue you to restore access.

The problem with old easements is that they can significantly diminish the value of your property, especially if the user decides to expand usage. Although the new usage is technically within the limits of the original agreement or implied consent, it can be much more detrimental to your property, diminishing its value and giving you no options to get full compensation for the loss. To protect yourself, you have to be careful about easements.

Here are some steps to protect your property value in the face of explicit or implicit easements:

• If you grant an easement to another user, make sure the terms are well defined. This includes:
o How much should be paid and for how long
o The exact dimensions and location of the easement
o What improvements are necessary or permitted on the easement
o Whether the current recipient of the easement can sell or otherwise transfer ownership of the easement
o Make sure these terms are followed.
• Monitor and maintain your property.
o When you notice people taking advantage of a hole in your fence, mend it.
o If people are on your land without consent, tell them they are not allowed to be there.
o File complaints with local authorities. The police may never come out to stop kids from crossing your lawn or your neighbor from parking his truck on your property, but having a complaint on file will show you have not given up your rights.

Doing this will protect your property, its use, and value in the case of resale. And if a local government tries to expand its use of an easement, they will be forced to recognize that the new use is not in the terms of the original easement and will have to compensate you.

If you want to protect your property from unfair use and the corresponding loss of value, the Florida Property Rights Law Firm can help. Please contact us today to talk to an expert about protecting your property rights.

I-95 Overland Bridge Project

2011-10-27T07:53:00.000-07:00

It's being described as the most expensive building project in Jacksonville history, and the I-95 Overland Bridge Project also requires extensive use of eminent domain.

The initial project was scheduled to take five years and would be handled in two separate phases of construction. For the initial phase of construction, over 60 property owners were informed that they would lose all or part of their property to eminent domain takings. However, the revised plan for the project is that it will be conducted in a single phase lasting 3 years. As a result over 100 properties are now being subject to a complete or partial taking for this 0.267-mile project. Currently, authorities estimate that the cost of taking these properties will be about $57 million.

If your property is one of those being threatened with taking, you should consult with an eminent domain lawyer to ensure you get full compensation for your property. At the Florida Property Rights Law Firm, we help property owners who are being threatened with eminent domain to fight illegal takings and to get the full value of their property. To learn more, please call or email us today to schedule your consultation.

Code Enforcement Can Be Guise for Eminent Domain Abuse

2011-09-29T07:48:00.000-07:00

Has your neighborhood suddenly become the target of code enforcement police? Have you and your neighbors been suddenly cited for numerous code violations? Have you been threatened that failure to pay could lead to eviction? If so, then you and your neighbors may be victims of eminent domain abuse under the guise of code enforcement.

Since Florida law prohibits the use of eminent domain to eliminate blight or to take property from one private owner and give it to another private owner, some municipalities have sought alternate methods for acquiring property it considers to be undesirable. Code inspectors descend on targeted neighborhoods and cite home owners for numerous code violations, and may give penalties that can amount to hundreds of thousands of dollars and may increase daily. Failure to pay allows the government to take your property to settle the debt.

However, in the past these schemes have been exposed for what they are: illegal land grabs. If you are being faced with this situation, you may also be able to protect your property from unreasonable code enforcement and seizure.

At the Florida Property Rights Law Firm, we can help protect your property from illegal takings and, in the event of a legitimate use of eminent domain, ensure you get full compensation for the value of lost property. To learn more, please call or email us today to schedule a consultation.

Who Has Eminent Domain Power?

2011-08-04T08:39:00.000-07:00

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.

Eminent Domain for Water Level Projects

2011-07-31T11:07:00.000-07:00

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.

Eminent Domain and Leases

2011-07-30T11:05:00.000-07:00

If you have a lease on a property that is being condemned, you may wonder whether you will be able to receive compensation as a result of the property's condemnation. In general, Florida law recognizes that having a lease on a property gives you an interest in that property and therefore you are entitled to full compensation for your property rights in the event of a condemnation. http://www.blogger.com/img/blank.gif
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Full compensation may include:
• The value of your lease
• Moving expenses
• Loss of goodwill, profits, and other intangible business damages
• Cost of improvements to property

However, the amount of compensation in all cases is limited by the condemhttp://www.blogger.com/img/blank.gifnation clause of your lease. Read more about eminent domain and leases.

Because of the variable circumstances surrounding every eminent domain action, you are encouraged to consult with a lawyer at the first sign you may lose the property to eminent domain. At the Florida Property Rights Law Firm, we know how to protect your interests in this as in many other condemnation situations. Please contact us today to set up a consultation.

High Speed Rail--Did Eminent Domain Torpedo the Project?

2011-07-29T11:01:00.000-07:00

In February, Florida Governor Rick Scott rejected plans for the high-speed rail link between Tampa and Orlando, 90% of the cost of which would be paid for by Federal stimulus money. Among the concerns expressed by Governor Scott was that costs to complete the full rail project would saddle Florida with unreasonable expenses. The initial stretch of the railway could easily be cost-controlled because the majority of the right of way runs right along I-4 and is already owned by Florida, and therhttp://www.blogger.com/img/blank.gifefore would require little use of eminent domain.

However, the cost of the full projected high-speed rail project is unknown. Estimates for the actual construction start at $20 billion+ to complete the remainder of the railroad. That figure also doesn't include the potential cost of eminent domain. How much would eminent domain add to the cost?

It's hard to say how much eminent domain would cost for the project, but a conservative estimate would put the figure at about $5 billion, already http://www.blogger.com/img/blank.gifahttp://www.blogger.com/img/blank.gif considerable increase on the project's overall cost, and it's possible that its cost could be much higher.

We may never know about the full cost and benefits of the high speed rail system in Florida. However, as other projects move forward, your property may be threatened by eminent domain. To learn more, please contact the Florida Property Rights Law Firm today to schedule a consultation.

Eminent Domain in New York Continues

2011-07-29T10:58:00.000-07:00

Although the fight for Atlantic Yards is over, having been lost despite some heroic efforts on the part of a number of residents, eminent domain abuses in New York continue. Now we can look at the situation in East Harlem to see how the use of eminent domain to correct "blighted" neighborhoods can be abused by politicians. In the area between Second and Third Avenues nehttp://www.blogger.com/img/blank.gifar the Harlem River, the city came into ownership of a number of properties. It demolishttp://www.blogger.com/img/blank.gifhed a number of buildings and left the properties vacant. When local owners attempted to acquire the properties to expand existing businesses or open new ones, the city refused to sell. As a result, even in a relatively successful area, the appearance is of a blighted community, where only a few struggling businesses exist amidst acres of empty buildings and vacant lots.

The city's goal is to hand over the entire area as a whole to a large developer. Namely, the city plans to condemn the six acres of land in order to allow the construction of a $700 million East Harlem Media, Entertainment, and Cultural Center, which will include office and retail space, a small hotel, cultural space, and apartments. Thought the majority of apartments are supposed to be set aside for low-, moderate-, and middle-income families, it is unlikely that many of the current businesses in the area will be able to afford space in the new construction, and some may not survive being forced to relocate.
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Fortunately, in Florida, the law prohibits eminent domain abuse of this kind. If you suspect your property is being taken to be handed over to a private developer or because of so-called urban blight, the Florida Property Rights Law Firm may be able to stop the taking. In the event we cannot stop your taking, we can still help ensure you get full compensation for your property.

To learn more, please call or email the Florida Property Rights Law Firm for a consultation.

Broward County School Board Used Eminent Domain to Make $25 Million Mistake

2011-04-20T13:42:00.000-07:00

At the time the project designated "Elementary School C" was begun, it was somewhat necessary. The nearby Hollywood Central Elementary was crowded in 2003, and on the basis of that, the school board approved a project to build a new elementary school to take up the extra students.

In 2005, extra seats were added to Hollywood Central, so that the school was only overenrolled by 33 students. Acquisition of necessary properties were being carried out at this time, and the school district could probably have backed out of the project at this point if it had realistically considered the enrollment trends it was seeing. But it did not, and it ended up spending $6.3 million to acquire 54 neighborhood homes including the acquisition of 9 properties through eminent domain proceedings. These forced removals and the expense of paying full compensation, at least could have been avoided. Although the average compensation per property was only about $117,000, some of those removed through eminent domain received compensation in excess of $300,000.

Instead, the school board proceeded and ended up spending $25 million on an 834-seat school in a district that currently has over 25,000 empty seats.

Many public officials seem to have forgotten that eminent domain power should be used sparingly, and examples like this may make it easier to defend your property against eminent domain actions. If your property is being threatened by a superfluous eminent domain project, the eminent domain lawyers of the Florida Property Rights Law Firm, PA can help. Please contact us today for a free consultation.

Pfizer Abandons New London Research Center

2011-04-13T13:40:00.000-07:00

Pfizer has announced that it will close its New London research facility, the site that was the cause of the eminent domain case that became Kelo v. New London. An Institute for Justice attorney who argued the case in favor of the homeowners said the announcement "demonstrates the folly of government plans that involve massive corporate welfare and that abuse eminent domain for private development." He also noted that if changing business conditions are to blame, it "is all the more reason why taxpayer dollars should not be put at risk in speculative and risky development schemes."

One thing people often neglect in considering these types of projects is the fundamental character of the two types of tenants opposed. On the one hand, the current owners of homes and businesses in a condemned area are generally local entrepreneurs and homeowners. They are generally loyal and can often be counted on to continue giving to the community for many years. One of the residents lived in a home that had been bought by her family more than 100 years before. She was born in the house and wanted to live out the rest of her days there. Overall, two-thirds of the properties at issue in Kelo v. New London were occupied by their owners or family members of the owners.

On the other hand, you have a multinational corporation that has no real loyalty to the area. They are here for the money and will only stay as long as they don't have a better offer. In many cases, corporations get more than they give, and the incentives a community uses to bring them represent a net loss for the people of the area.

If your home or business is being threatened by eminent domain, stand up for yourself and your community with an eminent domain lawsuit. The lawyers at the Florida Property Rights Law Firm, PA can help you protect your property or make sure you get full compensation. Please call or email us today for a consultation.

Development near SeaTac: an Improper Use of Eminent Domain?

2011-04-08T13:36:00.000-07:00

A major development in SeaTac, the suburb surrounding the Seattle-Tacoma airport, includes a controversial eminent domain action. The city is planning to use eminent domain to condemn a parking lot so it can build a parking garage. The owners of the parking lot have rejected the city's "good faith" offer (which is $2 million less than the owners paid for the parking lot), and have submitted their own proposals to the city, which have been rejected.

In response, the owners not only filed a lawsuit against the city of SeaTac, but also hired a PR firm, and published a full-page ad in the local newspaper asking residents to call the council members and resist the action. In response to the negative publicity, the city is offering to withdraw the eminent domain action if the owners will return to negotiations and drop their lawsuit.

The significance of this fight goes far beyond the area of SeaTac, since it highlights one of the major problems with the use of condemnation in support of development projects. Should a city, county, or condemning authority use eminent domain to destroy an existing (and successful) business to gamble on a development project that may or may not yield the promised revenues? Critics note that most eminent domain-supported projects saddle a city with large amounts of debt, and if they fail, the city is in bad shape financially for many years to come.

If your business is being threatened with condemnation for a risky or foolhardy development project, resisting it is not only in your best interest, but in the best interest of your community. The eminent domain lawyers at the Florida Property Rights Law Firm, PA can help you fight eminent domain, or, at least, get full compensation for your property. Please contact us today to learn how we can help you.

New York Appellate Court Considers Taking Property for Private Gain

2010-11-05T14:58:00.000-07:00

In 2005, the US Supreme Court decided, in Kelo v. City of New London that eminent domain could be used to take property from one private owner and transfer it to another private owner if the second owner would use the land in such a way that would result in a net gain for the community. Many complained that this decision essentially gave local governments the right to steal from the poor and give to the rich, all in the name of correcting urban blight. In response, many states, including Florida, enacted laws protecting private property from eminent domain that would transfer the property to another private owner and limiting the use of eminent domain to correct urban blight. But not all states enacted such protections, and one state that did not is New York, where we are seeing another example of attempted abuse of eminent domain.

The case is Goldstein v. New York State Urban Development Corporation, in which residential and commercial property in the Atlantic Yards area of Brooklyn is being taken and given to Forest City Ratner Companies. The Atlantic Yards development will include an arena for the New Jersey Nets basketball team (owned by Bruce Ratner, the principal of Forest City Ratner); office, retail, and residential space; community facilities for health care and child care, and eight acres of open space for public use. The New York State Urban Development Corporation, doing business as the Empire State Development Corporation (ESDC), granted the use of eminent domain in 2006, claiming the project served the public benefits of eliminating blight, providing facilities, improving mass transit and infrastructure, increasing tax revenue, providing affordable housing, and creating jobs.

The property owners affected by the taking initially made a challenge in federal court, claiming that the primary benefits of the project would go to Ratner, with only incidental benefits going to the public, but in the wake of Kelo, federal courts denied the claim. Property owners then took their fight to the state courts, claiming that "public use" should be taken to mean a use where the property "is to be held open for use by all members of the public." In an initial decision, this interpretation was rejected because "the literal interpretation of the concept of public use . . . was abandoned long before [Kelo]."

The project, which is expected to significantly profit Ratner, already worth over $400 million, shows how hard it can be to protect property against private land grabs in lieu of specific legislation like what we have in Florida. If your land is threatened by an eminent domain action that you think is more likely to benefit private developers than the public good, The Florida Property Rights Law Firm, PA can help. Please contact us today to learn more.

HUD Housing and Eminent Domain

2010-10-25T08:31:00.000-07:00

If you live in HUD housing, you may worry when you receive notification that a state or local condemning authority is seeking to take your property with eminent domain. But don't worry--government guidelines will protect you from losing everything. When HUD is approached by a state or local government about condemning a housing development, its first concern is ensuring that all its tenants receive new comparable housing. In fact, unlike a normal renter, HUD will include relocation expenses for you as part of just compensation.

But if you are a homeowner who holds an FHA-insured home loan, you may not be so happy with the possible outcome of an eminent domain action. For some FHA loans (such as those refinanced through the Hope for Homeowners (H4H) program), the government may own some or all of the equity in your home, leaving you with little or no compensation after your home is taken with an eminent domain action.

To ensure that you receive the maximum possible compensation for your home after an eminent domain action, you need the help of an eminent domain attorney. Please contact the Florida Property Rights Law Firm, PA today to learn about the potential benefits and costs of fighting eminent domain.

Foreclosure and Eminent Domain

2010-09-07T11:29:00.000-07:00

Your home is your castle, the place where you hoped to raise up your family and build your future. But a lost job or other unlucky turns can put that future in jeopardy under the threat of foreclosure. Foreclosure is affecting thousands of Floridians, forcing them out of their homes, and it is expected that it will continue to affect many more Floridians before the housing market stabilizes.

But what happens when your house is being threatened by both foreclosure and eminent domain?

Eminent domain takes precedent over foreclosure. During eminent domain proceedings, foreclosure proceedings must halt. Once eminent domain proceedings have finished, the foreclosure may move forward.

Whether you can successfully defend your property or not, an eminent domain attorney is even more crucial in situations where you have one or more mortgages on your house. Securing maximum compensation from an eminent domain proceeding is crucial when a potential foreclosure is involved.

To learn more about foreclosure and eminent domain, please contact the Florida Property Rights Law Firm, PA today.

Reasons for Taking Property

2010-08-16T13:11:00.000-07:00

Since 2006, Florida law has had very strict rules about when a government authority can take your property. Specifically prohibited reasons for taking your property include:

Remedy of blight
Removal of slums
Removal of public nuisance
Private or commercial development

In the past, eminent domain would often be used to support private developers in a kind of reverse-Robin Hood arrangement. Combining eminent domain with tax subsidies, governments gave multimillion-dollar corporations a hand up at the expense of small business and residential home owners. Now, eminent domain cannot be used to force you off your property or restrict your ability to negotiate with a developer for what your property is really worth.

Instead, eminent domain is intended to be used for projects with a clear public purpose, including:

Roads (including toll roads)
Services to support toll roads
Telecommunications structures
Gas and electric utilities
Water utilities, including wastewater, stormwater, and drainage
Public buildings like courthouses and schools
Parks and recreation buildings
Environmental preserves

When you receive initial "good faith" offer from a condemning authority, it should tell you what project your property will be used for. You can also request a full report that will include all available plans for the project so you can look them over to find whether your property is being sought for an inappropriate purpose.

If you think your property is being sought for a prohibited purpose, we can help you fight eminent domain. Contact the Florida Property Rights Law Firm, PA today to learn more.

Small Business and Eminent Domain

2010-07-20T13:50:00.000-07:00

You have worked hard to make your small business work. After long hours, stress, and the attendant pains that come along with them; through the family troubles that can come from pouring so much of your effort into your business; past the mere hope of success and the dreadful fear of failure, you have come through and your small business is making it day in and day out.

And then you receive notice that it can will all be taken away from you with eminent domain, and you will be left only with what the city or state considers "fair compensation." Now, all of a sudden, the work you have done is put in jeopardy and you will have to begin again in a new location, facing all new risks of failure.

You don't have to just accept the government's action. You can fight eminent domain and win. To learn more about protecting your small business from eminent domain and receiving maximum compensation if you do have to sell your property, please read our page on small businesses and eminent domain or contact the Florida Property Rights Law Firm, PA today.

Real Estate Trends for 2010 and Beyond

2010-06-01T15:17:00.000-07:00

The real estate market in Florida got hit worse than most of the rest of the country during the recent economic downturn, and at this point it is hard to know where things are going. Nobody has a crystal ball, but here are some of the trends most predict in the coming year for Florida real estate.

Most agree housing prices will stabilize after most markets saw positive activity at the end of last year.
Foreclosures will continue as people who bought houses at the peak of the boom are forced to unload heavily mortgaged homes.
Foreclosed and short sale homes will be aggressively sought by investors and first-time buyers looking to get the most home for their money.
Commercial real estate will continue to fall as businesses contract and consolidate their operations.
Tourism will rebound, but it will be different. People will be prepared to spend more time if it saves money. Look for more tourists to drive rather than fly this year, and expect everyone to be looking for bargains.
In the long term Florida property will regain its value.

Florida property has inherent value that will endure over the long-term and is worth protecting. If a government agency is looking to take advantage of the current economic climate and acquire your property on the cheap through eminent domain, don't just accept a bid far below the actual value of your property.

To protect your long-term investment from government predation in these hard economic times, contact the eminent domain lawyers at the Florida Property Rights Law Firm, PA today.

Steps to Fight Eminent Domain

2010-05-31T10:17:00.000-07:00

The condemnation process is tightly prescribed by the Florida statutes, and in every step of the process, there are things you can do to protect your property rights.

First, Florida law requires that any condemning authority engage you in good-faith negotiations to purchase your property outright. This offer must include important information about the project and portions of your property required for the project's completion. At this point, you have only 30 days to respond to the offer by certified mail, which means you must act quickly. In writing, request information about the assessment used to determine the value of your property. This assessment will give you valuable information for protecting your property or getting full compensation.

The next thing to do is to contact an eminent domain lawyer. Florida is one of the leading states in the country in terms of protecting property owners' rights. With skilled help, you may be able to stop the condemnation, or, if that fails, ensure you get maximum compensation to reflect the personal dimensions of losing your property.

Then it is time to rally support to fight the project that threatens your property. Talk to neighbors about the project. Contact any historical societies that might be able to help rally support. Talk to any reporters who have covered the story, or, if none have, contact local media outlets with the information you have gathered. Write op-ed pieces or letters to the editor and build a website to publicize your struggle.

You can also see our tips to fight eminent domain page for more information on how to maximize your odds in a fight for your property, and contact us today for a free consultation with our eminent domain lawyers.

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2010-04-14T10:15:00.001-07:00

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The Real Lesson You Should Take from Sonia Sotomayor's Controversial Eminent Domain Case

2010-04-12T12:37:00.000-07:00

When Sonia Sotomayor was nominated for the Supreme Court, there were many concerns about her judicial history. For some, it was her statement that judges should practice judicial activism. For others, it was that she did not represent a powerful liberal alternative to the conservative judges on the Court.

But others objected to Sotomayor's possible stance on eminent domain. In particular, critics point to the decision in Didden v. Village of Port Charles (2006), which is an unsigned opinion presented by a panel of three judges of the Second Circuit Court of Appeals, one of whom was Sotomayor. In this case, some say she participated in state-sponsored extortion, in which one developer, Bart Didden, was asked to pay $800,000 or give a share of profits to another developer, Gregory Wasser, in order to stop condemnation procedures against his property. When Didden refused, condemnation procedures on his property began on November 6, 2003.

The dialogue between Didden and Wasser is according to Didden and is otherwise unconfirmed. It is also irrelevant to the basis of the Court's decision. The Court said it would have made its decision because it was forced to by the recent Kelo v. City of New London. The decision cites Kelo's language about when judges cannot intervene in an eminent domain case: "Just as we decline to second-guess the City's considered judgments about the efficacy of its development plan, we also decline to second-guess the City's determinations as to what land it needs to acquire in order to effectuate the project." Essentially, the Court has said that it cannot comment on and interfere with a City's development plans once the project has passed the muster of "public use," which in Kelo was a pretty easy muster.

But just as that wasn't the real reason for the decision, it isn't the real lesson we need to take away from the case. The case was really decided because the claims were time-barred, according to the Second Circuit Court of Appeals. Even though Port Charles did not begin actual condemnation procedures on Didden's land until 2003, the Court said that he should have acted to protest the taking in 1999 when the Village of Port Charles announced its development plans and informed him of its plan to condemn his land. Now the Court has denied his attempt to stop the taking, leaving Didden only able to seek just compensation for his land.

If you have received notification that a condemning authority plans to take your land, don't wait. Take action today to protect your property rights. Contact the Florida Property Rights Law Firm, PA to learn how.

Eminent Domain and the Florida Constitution

2010-03-11T15:37:00.000-08:00

Eminent domain is a sovereign right of the government, but in both the US Constitution and the Constitution of the State of Florida this right is explicitly limited. The Fifth Amendment of the US Constitution states, "Nor shall private property be taken for public use, without just compensation."

The Constitution of the State of Florida has similar, but more extensive language in Article X, Section 6 Eminent Domain:

There are many distinctions between the constitutional language of the US and Florida. First, the provision for drainage relates to the fact that so much of the state is swamp land and the first problem for many people is drainage.

Second, the Constitution of the State of Florida was amended in 2006 specifically in response to the case of Kelo v. City of New London, the Supreme Court's 2005 watershed decision on eminent domain.

Finally, the Constitution of the State of Florida uses the language "full compensation" rather than "just compensation." Full compensation may mean your property is worth more than you know, and often means it is worth far more than the condemning authority's initial offer. The eminent domain lawyers at the Florida Property Rights Law Firm, PA can help ensure you get full compensation for your property.

Contact us today to learn more.

Exploring the Dissent in Walton County v. Stop the Beach Renourishment, Inc.

2010-02-25T17:16:00.000-08:00

We have spoken on several occasions about the legal challenge to the Beach and Shore Preservation Act (BSPA), but mostly we have looked at the majority opinion. However, it is the strength of the dissent's remarks that have cause the Supreme Court to hear the case, so it makes sense for us to take some time to understand what the dissent is saying.

The dissent notes that the majority opinion depends on severing littoral rights from literal contact with the water. The Supreme Court of Florida stated that the literal connection with the water is not inherent to riparian water rights, but the dissent states, "By essential, inherent definition, riparian and littoral property is that which is contiguous to, abuts, borders, adjoins, or touches water."

The dissent makes significant use of Belvedere Development Corporation v. Department of Transportation (1982), which agrees with the principle that "To speak of riparian or littoral rights unconnected with ownership of the shore is to speak a non sequitur," as well as utilizing a number of earlier decisions for definitional support of littoral rights being based on actual contact with the water. Belvedere is a case in which the Florida Department of Transportation (FDOT) sought to acquire land at the water's edge of properties using eminent domain and paying only a simple fee for the land actually taken without paying severance damages, which the Court decided was inappropriate because taking upland property inherently severed the property from the water.

Most importantly, the dissent calls attention to Hughes v. Washington (1967), which notes the soundness of the principle of accretion and reliction rights, saying "Any other rule would leave riparian owners continually in danger of losing the access to the water which is often the most valuable feature of their property, and continually vulnerable to harassing litigation challenging the location of the original water lines."

The dissent acknowledges that the BSPA may be constitutional if it allowed Florida to restore the beach only to the point that the new water line were at the ECL, but as soon as it goes beyond that to create new beach, it must acknowledge that doing so constitutes a partial taking that severs littoral property rights from the upland property.

It will be interesting to see whether the US Supreme Court upholds the Florida Supreme Court decision or favors the dissent.

If you believe that the actions of a federal, state, or local government constitute a taking of your property, you may be able to file an inverse condemnation lawsuit. The Florida Property Rights Law Firm, PA can help you protect your property and your rights. Please contact us today to learn more.

Eminent Domain for Sewer and Water Projects

2010-01-28T08:44:00.000-08:00

If a new development is being built in your area, it will need access to municipal water supplies. Chances are that current pipes will not be sufficient to supply the new development and new sewer lines may need to be installed to remove waste. These pipes may be planned to go through your property.

Putting a sewer or water line under your property requires a special grant from you known as an easement. An easement allows people to use your property for a specific purpose. In the case of a sewer or water line, remember that an easement means not only that your property can be used for placing the line, but also for maintenance.

If you do not want to allow the sewer line, it may be possible to fight eminent domain if the line is going to serve a private development. Florida law forbids the use of eminent domain to serve private interests, and this argument may be used to stop a proposed sewer or water line.

Even if you cannot prevent an easement, an experienced eminent domain lawyer can help you get maximum compensation for your property rights. Please call or email the Florida Property Rights Law Firm, P.A. to learn more about your rights and how to protect them.

Eminent Domain for Conservation

2010-01-21T08:40:00.000-08:00

Responsible development is a powerful concept in contemporary planning. Communities are demanding that private developers and government agencies be aware of the environmental impact of any given project.

Although responsible development is good for the environment and for the community as a whole, it can lead to an increased use of eminent domain. Now, roadway and other public projects need land not only for the project itself, but also for environmentally conscious areas set aside to offset the environmental damage of the project.

An example of this is the Wekiva Parkway Project. In planning this project, the Florida Department of Transportation (FDOT) and its local partner, the Orlando-Orange County Expressway Authority (OOCEA), sought to acquire land not only for the road, but also for conservation areas of the "natural treasure" that is the Wekiva River Basin. In all, 9,000 acres were set aside as part of this project. Although some of it was already park land, other parcels were obtained through eminent domain to serve as conservation areas.

If you have property and a government agency wants to purchase it for conservation purposes, refusing to take the government's first offer does not mean you are opposed to conservation. You have a right to get the best possible value for your property, no matter why the government seeks to acquire it.

If you are facing a condemnation procedure for your property, no matter why the government seeks it, the lawyers at the Florida Property Rights Law Fim, P.A. can help. Contact us today to learn how.

Business Damages and Eminent Domain

2010-01-10T08:38:00.000-08:00

Business damages are different from other eminent domain damages because they are not guaranteed in either the Florida or the US Constitution. In the words of the Supreme Court of Florida, they are "a matter of legislative grace, not constitution imperative." As a result, they are not considered part of either "just" or "full" compensation.

But this does not mean that business losses you incur as a result of an eminent domain taking of your business property are not considered by the court. There are several ways in which the court can compensate you for these "intangibles."

Property appraisal should include the value of your land at its "highest and best" use, which should take into account the value of the location for your business. You should be compensated at a rate that would allow you to purchase a new property of comparable value for your business, although whether you can actually find such a location can never be guaranteed.

Statutory damages have been granted for businesses in certain situations. This includes businesses that are subject to a partial taking for certain types of rights-of-way when the partial taking forces the business to relocate. Sometimes, it can be argued that the loss of your current location is tantamount to losing your business entirely and receive full compensation based on the total value of your business. Statutory business damages are granted in a separate hearing after the conclusion of the normal eminent domain process.

Property cures for partial takings that threaten your business can be designed to minimize business damages and restore your business to its state before it was affected by condemnation. These are incorporated into severance damages.

If your business is threatened by eminent domain, a skilled property rights lawyer can help you get the maximum allowable compensation for your property. Contact the Florida Property Rights Law Firm, P.A. today to learn more about protecting your business from irreparable damage due to eminent domain.

The Difference between Condemnation and Inverse Condemnation

2010-01-01T08:34:00.000-08:00

Although we might like to imagine that inverse condemnation is when a government agency gives you property, this is unfortunately not the case. Instead, inverse condemnation is when the government essentially takes your land without asking, and you are forced to start a lawsuit to get compensation.

In the normal condemnation process, the government first comes to you with an offer to purchase all or part of your land. If you refuse the offer, condemnation hearings are held to determine whether the government entity, known as the condemning authority, can use eminent domain to take your land. If so, then additional hearings may be held to determine how much the condemning authority should pay you for your property.

In an inverse condemnation, a government agency simply takes your property or rights associated with your property, without asking, sometimes even by accident. For example, a government agency excavating near your property may remove ground support from under a structure, whether an outbuilding or your house, causing damage or even a collapse. You deserve compensation in this situation, and an inverse condemnation lawsuit can help you get that compensation.

If a government agency has damaged your property or is taking advantage of your property rights, it is important to act as soon as you learn of the damage. To learn more about inverse condemnation and your right to compensation, please schedule a free consultation with the Florida Property Rights Law Firm, P.A. today.

Supreme Court Takes Up Destin Beach Conflict

2009-09-29T09:54:00.000-07:00

In September, we talked about the legal challenge against the Beach and Shore Preservation Act, and the Supreme Court of Florida's decision in the case. At issue is whether the state legislation that certifies an Erosion Control Line between public and private land violates the right to full or just compensation guaranteed in the Florida Constitution and the US Bill of Rights. In June, the Supreme Court of the United States decided to take up the case to decide whether the Beach and Shore Preservation Act violates constitutional property rights.

According to property owners, the establishment of a fixed Erosion Control Line deprives them of their littoral right to accretion and reliction. The right to accretion guarantees that if new land is added to a beachfront property by the action of the sea, that land becomes the property of the landowner, whereas reliction says that if land is lost, that loss is suffered by the landowner. It is important to note that only land above the mean high water level is affected, because land below the high water level is public or "sovereign" lands in Florida. The Supreme Court of Florida decided that the Erosion Control Line did not violate this right because of the doctrine of avulsion, which states that during catastrophic changes to the shore line the line between public and private property remains fixed.

When the Supreme Court makes a decision, it may dramatically change the rights of beachfront property owners. Whatever the Court decides, the lawyers at the Florida Property Rights Law Firm, P.A. will continue to fight for your rights. If you believe the government is violating your property rights, please schedule a free consultation to learn how we can help.

When Is Your Florida Property Value Determined for "Full Compensation"?

2009-08-21T14:46:00.000-07:00

Real estate markets are always variable, but recently we have seen an almost unprecedented drop in property values. Times like this lend importance to the question of when property value is determined for the eminent domain taking of all or part of your property. So, when is property value determined?

Florida Statute 73.071(5) states "Any increase or decrease in the value of any property to be acquired which occurs after the scope of the project for which the property is being acquired is known in the market, and which is solely a result of the knowledge of the project location, shall not be considered in arriving at the value of the property acquired. For the purpose of this section, the scope of the project for which the property is being acquired shall be presumed to be known in the market on or after the condemnor executes a resolution which depicts the location of the project."

This statute is primarily designed to protect condemning authorities from speculation on the market based on its desire to acquire certain parcels of land. If you are considering purchasing property at an elevated value because you know it will soon be acquired by eminent domain, do not buy! This is essentially a real estate scam.

Statute 73.071(2) gives the answer. Full compensation amounts are "determined as of the date of trial or the date upon which title passes, whichever shall occur first." In most cases, the condemning authority takes title long before you get your day in court. The government attains title to your property the moment it pays you a "good faith" estimate of the property's value. At this point, your property value is protected, no matter how long it takes for a final determination of full compensation for your property.

The use of eminent domain for the improvement of Del Prado Boulevard by Cape Coral, Lee County is an illustrative case. In 2005, the Cape Coral City Council decided on a project to widen Del Prado Boulevard over a two-mile stretch. In 2006, a judge gave the city permission to take portions of 232 private properties for the project, and the city took title to the parcels of land.

Although final values for full compensation are still being determined, the city must pay 2006 prices for the land, as much as $265,000 per quarter acre.

Knowing what your land is worth and pressing the taking authority for full compensation can make a big difference in what you receive. The eminent domain attorneys at the Florida Property Rights Law Firm, P.A. know the law and can stand up for your rights. Call or email us to schedule an eminent domain lawsuit consultation today.

FDOT's Use of Eminent Domain

2009-07-20T14:43:00.000-07:00

The Florida Department of Transportation (FDOT) was established in 1915 as the State Road Department. Originally, it functioned only as an informational office, an advisory board to the 52 counties in Florida that helped them to assemble maps and collect other information about roadways. In 1916, the Federal Aid Road Act, also known as the Bankhead Act, granted matching federal funds to states for the improvement of "rural post roads," but in order to get funds, each state must have a state highway agency. In order to remake the State Road Department into that highway agency, it was granted the ability to receive and manage federal aid, establish a state system of roadways, engage in road construction and maintenance, acquire and own land, and, of course, utilize eminent domain.

With the rise of automobile culture and the spread of suburbanization, demand for new and faster roadways grew dramatically in the middle of the 20th century, and the FDOT's use of eminent domain grew as well. It has become one of the most powerful condemning authorities in the state. Some have argued that this type of taking represents the tyranny of the many over the few as the consensus desire for easy transportation worked to push aside those whose family homes and businesses were "in the way."

Unfortunately, it is still true that if FDOT wants to condemn all or part your property, it is very difficult to resist. Public support is easily rallied around new and efficient roadways, and FDOT's arguments about the need for any particular infrastructure project often carry the day. However, the eminent domain attorneys at the Florida Property Rights Law Firm, P.A. will fight for your property with all possible arguments, and if we cannot resist the condemnation, we will secure full compensation for your property, including severance damages based on a legitimate "cure" for a partial taking.

If the Florida Department of Transportation is seeking to condemn all or part of your property, you need representation to ensure that your rights as a property owner are respected. Call or email us about your eminent domain case today to lean how we can help.

Severance Damages and the Reduction of Value of the Remaining Property

2009-06-21T14:41:00.000-07:00

Eminent domain may be used to condemn (take) entire properties, but for many projects, especially road widening or improvement, eminent domain is used only to condemn parts of properties. In this case, the condemning authority must pay not only the value of the part of the property that is taken, but must also pay for the impact on the rest of the property caused by the loss of the portion. This is known as severance damages, and is one of the main areas where utilizing an eminent domain attorney can be of great value to you.

There are many ways in which the loss of a portion of property can affect the value of the remaining property. Let's first consider a residential property. When a road widening or improvement project requires the condemnation of the front of a residential property there are many ways in which the remaining property may be decreased in value. Setback from the road (which is likely to be busier following widening) is reduced, which will affect the resale value of the house. Old-growth trees may have to be removed, along with hedges or fences that blocked the road from the front of the house.

The value of a business may also suffer from the partial taking. It may lose parking spaces, aesthetic arbors, benches, outside dining areas, even part of the building as a result of the partial taking. All of these may impact the viability of a business, and should be included as part of severance damages.

If the property is not considered viable for its current use following the condemnation, then a cure must be part of the eminent domain settlement. Examples of non-viable properties are businesses with too few parking spaces, or structures where part of the building must be torn down as part of the condemnation. In these cases, the condemning authority and the property owner can both present cures to make the property viable again after the condemnation, such as rebuilding or modifying a house, rearranging parking spaces, creating a patio area on top of a restaurant to compensate for one lost out front, etc.

In some cases, once the partial taking is effected, the remaining property may violate zoning ordinances. For example, a house may no longer have a legal setback from the widened road. This will depreciate the remaining property further, increasing compensation, and in some cases it may mean that the condemning authority must compensate the property owner for the full property. In other cases, the zoning authority may grant a variance for that property which may restore some of the value.

The calculation of severance damages in the case of a partial condemnation is a complicated process. The eminent domain lawyers at The Florida Property Law Firm, P.A. can help you negotiated them and get full compensation for your lost property. Please schedule a partial condemnation consultation today to learn how we can help.

Prejudgment Interest for Florida Eminent Domain Compensation

2009-05-19T14:38:00.000-07:00

According to Florida law, part of full compensation for your property taken through eminent domain is "prejudgment interest." This interest is applied to the difference between what was offered to you by the government as its "good faith" offer of compensation and the value of your property (or partial property, including severance damages) as determined by trial for the time period between when your property was taken and the final trial date (after all appeals, if any). (For more explanation, see The Condemnation Process.) But what is actually included in this prejudgment interest?

The Florida Supreme Court decided this question (which it considered to be "of great public importance") in Boulis v. Florida Department of Transportation. According to the Court, the question hinges on the language that "full compensation is determined 'by reference to the state of affairs that would have existed absent any condemnation proceeding whatsoever'" and by the statutory requirement that interest is applicable to all expenses incurred as a result of the eminent domain proceedings. This means that interest applies not only to the full difference between the condemning authority's "good faith" offer and the trial decision, but also to any "reasonable" expenses incurred by the property owner during the proceedings.

However, it is important to note two caveats. First, the court has the right to determine what constitutes "reasonable" expenses. In the precedent case, Boulis was billed by an expert he employed for $35,308, but the court determined that only $16,200 of that was considered "reasonable." So Boulis was responsible for nearly $20,000 out of pocket, a reminder that it is good to know what constitutes "reasonable" fees in the eyes of the court. Second, the court said that interest would only apply from the date that the expense was incurred, not from the date the condemning authority took title, unlike the rest of your full compensation.

At the Florida Property Rights Law Firm, P.A., we have experience with experts in numerous disciplines and can help you avoid getting stuck with out of pocket expenses for unreasonable experts' fees. We also remind you that normally our fees are paid for by the condemning authority and do not reduce your payment in any way.

To learn more about eminent domain and how we can help you, please schedule an eminent domain consultation today.

Martin County Commissioners Approve Changes to Eminent Domain Rules

2009-04-20T14:34:00.000-07:00

In many cases when the Florida Department of Transportation (FDOT) or other condemning authority uses eminent domain for a road project, the result is a partial taking, in which only part of your property is taken. Sometimes the part of your property sought is just a thin strip along the edge, maybe a foot wide, and sometimes it is half the lot or more. In some cases, the portion of property remaining is not legally sufficient to support a home or a business, and in these cases the condemning authority may be forced to purchase the entire property. In any case of partial taking, the condemning authority would be forced to pay severance damages sufficient to effect what is known as a "cure," plus any residual damage to the remaining property not able to be cured.

A cure is a plan to restore maximal use to the property subject to a partial taking. What constitutes a sufficient cure is determined by the court and, in most cases, with reference to local zoning ordinances.

But not so in Martin County any more. On March 3, Martin County Commissioners approved a proposal by FDOT to change the way partial takings are considered. According to the new rules, the county Board of Zoning Adjustments has the power to waive county regulations on property severed by partial takings. Regulations that might be waived include the minimum lot size allowed for a residential house or the minimum number of parking spaces required for a business. This may allow FDOT and other condemning authorities to offer cut-rate cures that leave homeowners with tiny, inadequate lots, and businesses with insufficient parking to remain viable.

The approval came over the objections of the Martin County Local Planning Agency, whose chairman objected, "Eminent domain should never be easy and it shouldn't be fast." In addition, the chairman said, "the property owner needs as much protection as they can possibly get."

Commissioners also voted to apply the new rules to the Indian Street Bridge Project, which will connect Palm City and Stuart over the St. Lucie River.

FDOT is floating similar proposals in numerous counties throughout the state. If your county commissioners are considering such a proposal, tell them to stand up for your right to full compensation and just cures following partial takings.

If your property is subject to a partial taking, you need an eminent domain lawyer with the experience and expertise to propose adequate cures and get them accepted by a jury. Please call or email us today to schedule a severance damages consultation with the Florida Property Rights Law Firm, P.A.

Marion County Offers $1.65 Million for Proposed School Property

2009-03-18T14:02:00.000-07:00

In an attempt to ease overcrowding, the Marion County School District has proposed the construction of a new elementary school in the near future and a possible middle school later on. The new schools, which will be located in Silver Springs Shores, are intended to reduce overcrowding, which has grown severe in the southeastern part of Marion County. The School Board agreed to begin condemnation procedures and offer the owner a total of $1.65 million for the property. This is $25,000 per acre, about 14 % below the owner's asking price.

The plan is that construction the elementary school will begin in late 2010 or early 2011. The plan is that the elementary school would be built first, and the middle school later as a separate campus but on adjacent property. This would allow for the construction of common buildings, like a cafeteria and library, that could be used by both schools. The plan is similar to that already used for Hammett Bowen Jr. Elementary and Liberty Middle School in Ocala.

When crowding begins to affect instruction, we can all agree that schools have to be built, but that does not mean you have to take the government's first offer. Your property is your property, and you deserve full compensation. You may at first feel hesitant to ask more from a school district when you hear about teachers being laid off, but remember that capital funds (used for construction of new buildings, including the cost of eminent domain takings) are legally separate from funds used to pay teachers' salaries and fund school programs. You will not be taking one dollar out of teachers' pockets.

If a school construction or other public use project has put your property in danger of condemnation, you need an experienced eminent domain lawyer who can help you fight for your property and get the maximum compensation if you cannot stop the taking. Please schedule a condemnation consultation at the Florida Property Law Firm, P.A. today to learn how we can help.

Stimulus Money May Lead to an Increase in Eminent Domain in Florida

2009-03-11T13:55:00.000-07:00

The Stimulus Package signed into law by President Barack Obama on February 17, 2009 includes $ 317.7 billion in direct government spending. Of this money, over $1 billion is slated for infrastructure and housing projects in Florida. And most, if not all of those projects, will require the use of eminent domain.

Florida law prohibits the use of eminent domain merely for the removal of urban blight or the promotion of private, ostensibly job-creating enterprises, but most infrastructure improvements will require the use of eminent domain.

Road widening, road improvements, and new roads are probably the most common project that requires eminent domain. However, the creation of public services, from recreation centers to courthouses also often requires the use of eminent domain. The Department of Education has been given a huge chunk of the stimulus package, $41.5 billion, and, though much of it is slated for new subsidized student loans, some of it will go to the renovation of old schools and the construction of new ones.

Energy and environmental projects received nearly a third of the total budget, just shy of $100 billion. Energy projects that may require eminent domain in Florida include wind generation plants, solar energy plants, and experimental tidal energy plants. Environmental projects that may require the use of eminent domain in Florida include environmental offsets for road projects, expansions of protected areas, and reclamation of deserted (and possibly polluted) industrial sites.

No matter what the cause or the condemning authority, eminent domain usually means that you will lose your property, although we will fight for your property to the full extent possible. In this time of depressed real estate values, it is even more crucial that you fight for full compensation when all or part of your property is taken, including severance damages. Please call or email us today to schedule an eminent domain consultation with the Florida Property Rights Law Firm, P.A.

Eminent Domain Representation for Foreign Owners of Florida Property

2009-03-05T13:52:00.000-08:00

Many people from the UK, Canada, and elsewhere own property in Florida. The combination of mild weather year-round, miles and miles of beaches, and beautiful water draws people from all around the world to Florida. And Florida is chosen over many other possible tropical locales because the rule of law guarantees your investment to a greater extent than in other places. But when eminent domain threatens your property, you need a lawyer with expertise in Florida's laws to protect your investment, fight the taking, and ensure you get the full value for your property. Whether you are the owner of a business, vacation home, or an investment property, you are entitled to full compensation if the government uses eminent domain to take your property. And the attorneys at the Florida Property Rights Law Firm are prepared to fight for the property rights of all foreign owners.

For the purposes of eminent domain, foreign owners have the same rights as domestic owners of Florida property. However, logistically, your situation is very different. You may be unaware that your property may be the subject of a taking until you receive an offer from the government. Do not be fooled: this offer is often far below market value and rarely represents the amount you can receive for compensation. Review our information about the eminent domain process and you will see that it takes several steps before the final value of compensation is established.

The eminent domain lawyers at The Florida Property Rights Law Firm can serve as your intermediaries in this process. We will fight to get you the maximum possible compensation for your property, whether for a full or partial taking. If you have received an offer from any Florida or US government entity and want representation to protect your property or help get the maximum value, call or email us about your eminent domain case today.

Key Largo Land Buys Show Disparity between Estimated and Real Land Value

2008-12-29T15:57:00.000-08:00

Monroe County, Florida officials went to Tallahassee last month to try and get some unbuildable Florida Keys land declared the nation's 59th national park. They say this is the only way to get the $1.2 billion necessary to purchase the land and protect it under the islands' strict environmental rules. The land is all classified as Tier 1 and Tier 2, meaning they have the most sensitive populations of plants and animals according to the county's classification system.

The estimate for the cost of the land comes from the realities the county faced in eminent domain proceedings. In 2002, they settled a longstanding case that involved a temporary taking of land from 1982 to 1990, when the county finally bought the land for $5.9 million. The settlement, for damages suffered by the landowner from the date of the taking until paid in 2002, including annually compounded interest, was $6 million, but the county knew it could pay over $40 million if the case went to trial.

In May of this year, the county was ordered by a jury to pay $5.5 million in full compensation for two parcels of land that state appraisers had only valued at a total of $115,000. The county had paid what it considered to be a generous $630,000 for both parcels, but the owners took the cases to court and won--big.

If a government agency uses eminent domain to take your land, don't take their word for the value, and don't take their first offer--no matter how generous it may seem--without first consulting with a Florida eminent domain lawyer. If you are being threatened with a taking, schedule a free eminent domain consultation with the Florida Property Rights Law Firm, PA.

A Legal Challenge to the Beach and Shore Preservation Act: Part 2

2008-11-10T14:00:00.000-08:00

In considering the decision of the Florida Court of Appeals, District 1, the Florida Supreme Court rephrased the question at issue in the case as a question of eminent domain:

On its face, does the Beach and Shore Preservation Act unconstitutionally deprive upland owners of littoral rights without just compensation?

To decide the question, the Court considered many factors. First, it considered the nature of the Act and its relationship to the State of Florida's Constitution. It described the Act as part of the Constitution's statement that "It shall be the policy of the state to conserve and protect its natural resources and scenic beauty," and the protections in the Act as regards the littoral rights of the upland property owner. The Court even pointed out that the Act stipulates that "[i]f an authorized beach restoration, beach nourishment, and erosion control project cannot reasonably be accomplished without the taking of private property, the taking must be made by the requesting authority by eminent domain proceedings."

Next, the Court considered what exactly are the common law littoral rights possessed by beach property owners. It described the common-law understanding, deriving from English common law, that in actuality the state owns all waterways and beaches between the high- and low-water marks. The Court said that beachfront property owners actually have "no rights in navigable waters and sovereignty lands that are superior to other members of the public in regard to bathing, fishing, and navigation." Instead, the Court said, upland property owners held several special or exclusive rights, which it described as easements incident to their property, which are considered property rights that may not be taken without just compensation. These easements are:

The right to have access to the water
The right to reasonably use the water
The right to accretion and reliction
The right to the unobstructed view of the water

If any of these rights are to be divested from the upland property, then it is to be considered a taking and requires an eminent domain proceeding.

The Court of Appeals decided that the Act was unconstitutional because it denied the upland owners of the right to accretion without an eminent domain hearing. The Supreme Court, on the other hand, said that the common-law doctrine of avulsion applied in this case. Avulsion describes a situation in which a catastrophic change in the shoreline occurs that could represent serious damage to either the public or private portion of a littoral property. In these cases, the line between public and private property is maintained at the place established before, regardless of the de facto changes in the shoreline. Because the Act pertains specifically to events in which catastrophic erosion threatens a beach, the Supreme Court determined that avulsion is central to the Act and therefore gives rationale to the establishment of an Erosion Control Line that stops property changes as a result of accretion and reliction.

Beachfront property rights are complicated, and if you are to protect your rights against the actions of government entities, you need the help of an experienced eminent domain lawyer. Contact the Florida Property Rights Law Firm, P.A. today to schedule a beach property rights consultation to make sure you get just compensation if your rights are infringed.

A Legal Challenge to the Beach and Shore Preservation Act: Part 1

2008-10-31T08:40:00.000-07:00

Following Hurricane Opal (1995), the Florida Department of Environmental Protection placed the beaches of Walton County and the City of Destin on its list of critically eroded beaches, which initiated the process of beach restoration through renourishment, according to the process described in Florida's Beach and Shore Preservation Act. In response to this action, several homeowners in the area and other interested parties formed Stop the Beach Renourishment (STBR), Inc, and filed two petitions for hearings. The first petition challenged the issuance of the permit for renourishment, and the second challenging the constitutionality of the Beach and Shore Preservation Act.

At issue was a particular aspect of the Beach and Shore Preservation Act, which allows the state to draw a new dividing line between publicly owned beach and privately owned upland known as the erosion control line (ECL) which is placed at the mean high water level (MHWL) determined by a beach survey. In its petition, STBR claimed that the establishment of the ECL constitutes and illegal taking of property rights because it divests the common law littoral rights from the properties of beachfront property owners, including the right to accretion as a result of natural processes, essentially making them inland property owners. Although the Beach and Shore Preservation Act substitutes some specific forms of littoral rights, STBR claimed that these rights were an inadequate substitute for the common law littoral rights eliminated by the establishment for the ECL.

STBR won this challenge in the First District Court of Appeals, which stated that the Beach and Shore Preservation Act did, in fact, take from beachfront property its direct access to the water since it established a de facto shoreline at the ECL.

However, the Florida Department of Environmental Protection would appeal this decision and take the challenge to the Florida Supreme Court, which would issue its decision on September 29th, and which we shall discuss in detail next blog.

Many people purchase Florida property specifically for the beachfront, counting on the value of the littoral rights associated with the property to constitute the majority of the property's value. If you feel your beachfront property rights are being improperly appropriated as a part of an eminent domain procedure or an illegal form of taking, schedule an eminent domain consultation with a Florida eminent domain lawyer at the Florida Property Rights Law Firm, PA.

You Are Not Alone in Your Eminent Domain Fight!

2008-09-04T11:03:00.000-07:00

One of the worst effects of eminent domain, even before you lose your property, is the sense that you are a powerless individual being brushed aside by the power of government. However, you are not alone in your fight against eminent domain, and if you get in contact with others, you can rally your power to stop eminent domain from taking your home, your business, or any part thereof.

First, remember that very few eminent domain projects involve the taking of just one property. In most cases, the proposed project involves a taking or partial taking of property from many different property owners. Your community, you and your neighbors, are all in this together. Even if you do not know your neighbors especially well, even if you have rarely spoken to them, now is the time when you can band together into a force to resist the process of eminent domain.

Next, there are many national and local organizations prepared to help you organize your defense against eminent domain. One of the most prominent is the Institute for Justice's Castle Coalition. The Castle Coalition is a grassroots property rights activism center dedicated to the education and organization of home and small-business owners in the fight against eminent domain. In addition, there are many other national organizations that help people resist eminent domain. This includes business-oriented organizations such as the American Farm Bureau Federation (AFBF) and the National Federation of Independent Businesses (NFIB), as well as civil rights organizations such as the National Association for the Advancement of Colored People (NAACP) and the League of United Latin American Citizens (LULAC), even multidenominational religious organizations such s the National Council of Churches in Christ in the USA (NCC).

But your best ally in the fight against eminent domain is a skilled eminent domain lawyer. Please contact the Florida Eminent Domain Law Firm today for a free consultation.

Widening of Atlantic Avenue in Palm Beach Takes 4 More Parcels of Land

2008-08-22T08:53:00.000-07:00

Palm Beach County commissioners continue to increase the amount of land they want to take using eminent domain for a proposed widening of West Atlantic Avenue from a two-lane rural roadway into a four-lane divided roadway with accommodations for a future six-lane roadway. The improvement is planned to run from 1,330 west of Lyons Road to Starkey Road, and will include modification of Lyons road north of Atlantic Avenue for 400 feet. In a recent county commission meeting, four more properties were added to the list of those to be taken, increasing the list to 23 properties to be wholly or partially taken.

The improvement is proposed for the purposes of making Atlantic Avenue safer. As a direct route from State Road 7 to the Florida Turnpike through unincorporated Palm Beach County, the stretch of road is heavily traveled, making the current two-lane configuration dangerous. Funding for construction, design, and right-of-way acquisition has been provided by a coalition of local developers and Palm Beach County. The local developers include the owner of the four parcels added during the March 31st commission meeting, Ascot Development.

The fair market value of the four additional parcels was put at $205,000.

If your property is being threatened by the proposed widening of a roadway or other types of public use, you don't have to accept it. Contact the Florida Eminent Domain Law Firm for a free initial consultation and evaluation of your case to get help in resisting the taking or at least receiving full compensation.

Riviera Beach: Stopping Eminent Domain in Its Tracks

2008-07-11T14:03:00.000-07:00

Riviera Beach in Palm Beach County is a community of contrasts. A thin strip of land running from the Lake Worth Lagoon to the interior of the Florida Peninsula, the city has a wide distribution of socioeconomic classes, from the rich residents of Singer Island to the relatively impoverished people sandwiched in the urban corridor between Broadway and I-95. Because of this economic disparity, Riviera Beach has had a revenue problem for many years, with the 12.5 % of the population on Singer Island representing almost 50 % of the tax base for the community. So, when taxes have to be raised, they disproportionately affect these upper-class residents, who feel they are being swamped with taxes for which they receive little or no services. To correct this problem, Riviera Beach sought to essentially double its upper-class population.

Utilizing eminent domain, the city hoped to take the mainland coast across from Singer Island and give it to a private developer who would make it into an "International Harbor Village," with exculsive shops, restaurants, and residencies. Currently, the homes are largely middle-class beachfront property, some of the rare beachfront property in Florida affordable to people making a moderate income, and many of them did not want to give up their homes. Numerous cases were filed, not only by residents, but by activist groups on the behalf of residents, but the city stood firm on its commitment to take the land.

Then the state enacted its post-Kelo revision of eminent domain laws to state that eminent domain could not normally be used to transfer land from one private owner to another, but must, instead, be used for a legitimate public purpose. At first, Riviera Beach considered trying to circumvent the law, then, on November 17, 2006, the city backed down.

If you are facing eminent domain, and suspect your local government is attempting to use its power to promote other private interests, you may be able to stop the government from taking your land. Contact the experienced eminent domain attorneys at the Florida Eminent Domain Law Firm for a free evaluation of your case.

"New Urbanism" Puts Murdock Village in a Bind

2008-06-10T13:41:00.000-07:00

In 2002, the Urban Land Institute, a nonprofit research and education organization whose stated purpose is to provide leadership in the responsible use of land for the creation and sustenance of thriving communities, recommended that the Charlotte County, Florida community seek to establish a type of urban center by unplatting small lots into a single large parcel that could support a mixed-use development that might provide stimulus for the stagnant economy of the county.

The county targeted a stagnant development with 2913 empty lots out of 3000, and utilized eminent domain to get land from the last 122 unwilling owners, creating a 1,132-acre block of land which it sought to develop as a single piece. However, a number of developers have dropped out from the project, leaving the area vacant. As the Florida market has followed the nationwide trend of stagnation and decline in the housing market, the development plan's mandate that at least 35 percent of the parcel be residential makes it undesirable to developers, so Murdock village is stuck with $93 million in debt, and no future development in sight.

The only offer still out on the line involves breaking the parcel back up to sell it to a number of smaller developers in "bite size" pieces. However, many in the county question whether this will undermine the new urbanism philosophy and create just another piece of unidentifiable suburban sprawl with no real future.

If your property is being sought for use in redevelopment, one avenue to prevent the taking might be to point out the possible failure of the redevelopment plan. The experienced eminent domain lawyers at the Florida Eminent Domain Law Firm know many different tactics for succeeding in your case. Please contact us today for a free initial consultation.

The Self-Defeating Nature of Eminent Domain

2008-05-27T12:03:00.000-07:00

When a city or town announces a plan for redevelopment of an area, the goal is usually to increase economic activity in an area that is either stagnant or "blighted." However, the effect is often the opposite. Once a city announces a plan, people become reluctant to invest in improvements when they are unlikely to receive full compensation for that investment in the event the city actually follows through with an eminent domain taking.

And sometimes it can take years for a condemning authority to make up its mind. Consider the plan by Fresno, California, to build a mixed-use development around its Multipurpose Stadium, a concert venue and home of its AAA baseball team. The project was approved in July 2004, two years after the stadium opened, but the city has still not decided whether to utilize eminent domain to take land for the project. The proposed developer, Forest City Enterprises, is still conducting its site analysis, and has at least one more year to go to complete the process. Forest City has developed numerous commercial, residential, and mixed-use properties from coast to coast, including the Suncoast Lakes development in Pasco County, Florida; redevelopment of the former Stapleton Airport in Denver, Colorado, and University Park at MIT, and has a reputation of being unfriendly to small businesses. The threat of a Forest City redevelopment is keeping locals from investing in the South Stadium area.

Another example is the Murdock Village redevelopment, which is stalled because the city exercised its eminent domain power before finding a developer, and now is struggling to conclude on its plan.

In these circumstances, one wonders whether native redevelopment might not be more effective in providing the desired economic stimulus, rather than utilizing eminent domain in the service of huge developers.

If your property is threatened as part of an urban redevelopment plan, contact an experienced eminent domain attorney the Florida Eminent Domain Law Firm today for a free initial consultation.

Keystone Coal Loses Fight to Block Eminent Doman, Seeks Full Compensation

2008-05-01T05:40:00.000-07:00

The Jacksonville Port Authority has the authority to take land owned by Keystone Coal, a judge decided in late 2006. Now the only question is what, exactly, represents full compensation for the plot of land. The 70 acres of land owned by the coal company will be used as part of the development of a 100-acre port, although the exact plan for the port is still undecided.

One plan for the port was to lease the land to Drummond Coal Company, a rival of Keystone, for the purpose of developing a terminal for handling coal and other bulk cargoes. Keystone argued that an eminent domain taking of the land should be blocked because its own plans were at least as economically beneficial as the plan of leasing the land to Drummond. However, an alternate plan for the land was the development of a containerized cargo terminal to be built and administered by Korea-based Hanjin Shipping Company, with the intent of handling cargo originating from Asia. If this plan were followed, it would be the second such port to be built in Jacksonville in the near future, following a 158-acre facility at Dames Point to be built and administered by Japanese carrier Mitsui O.S.K. Lines, Limited.

The revelation of other possible uses caused the judge to rule that the eminent domain taking was indeed considered for a valid public use, forcing Keystone to accept the taking and consider only the compensation phase of the trial. Although a judge has ruled in pretrial motions to limit the scope of evidence that Keystone could put before the jury, Keystone hopes to maximize its compensation by comparing its land to that of Zion Jacksonville Limited, which owns the land on Dames Point, for which the Port Authority has offered $40 million, but Zion Jacksonville has asked $70 million.

The valuation trial for the Keystone land is slated for April 21, 2008, after being delayed from May 2007.

If your business is being threatened by eminent domain, there are a number of tactics you can use to either try to stop the taking or to maximize your compensation. To find the best possible strategies, you need an experienced eminent domain lawyer. Please contact the Florida Eminent Domain Law Firm today for a free initial consultation.

The Recent Revolution in Eminent Domain

2008-03-31T10:02:00.001-07:00

In 2005, the Supreme Court made what many consider to be an outrageous decision in the case of Kelo v. City of New London. The Court decided that local governments could use eminent domain to transfer private property from one owner to another if this transfer was intended to create economic growth. The Court concluded that this constituted “public use” because the community benefited from the effects of economic growth.

However, many people saw this as an authorization of stealing land from the poor to give it to the rich, and, in response, many states, including Florida, passed laws to explicitly forbid this use of eminent domain. Now, if a municipality wants to take your land, it must prove that the land will be used for a legitimate public use, not just some use which may have a chance of providing trickle-down public good. In order for your land to be passed on to another private owner, both houses of the Florida Legislature must pass a three-fifths majority vote!

So if your land is going to be taken and given to another private owner, you can prevent it from being taken. To learn how you can protect your land from eminent domain, contact Greg Stoner at the Florida Eminent Domain Law Firm today for an initial consultation.

Welcome

2008-03-06T20:17:00.000-08:00

Thank you for visiting the blog for the Florida Eminent Domain Law Firm, PA. Check back frequently for news and articles pertaining to eminent domain law throughout the state of Florida.