Florida Eminent Domain Law Blog



Right to Compensation: Are Light, Air, Views and Access Subject to Eminent Domain in Florida?

Location, location, location.  People pay big money for property with open air, great lighting and incredible views.  Sometimes a government project infringes upon those valuable qualities so much that it is deemed a taking. If they assert eminent domain in … Read Full Post

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Right to Compensation: Are Trees and Crops Subject to Eminent Domain in Florida?

“Full compensation” is designed to make the property owner whole at an eminent domain proceeding. It’s as if the condemnation never occurred and the owner voluntarily sold the property.  But what if the condemning authority takes something less than the entire … Read Full Post

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Accessing Navigable Water: Allocation of Riparian Rights Among Landowners

Owners of waterfront property have “riparian rights” to access the navigable water and the right to a waterfront view in addition to their rights to use their upland property.  Docking rights often are an area of dispute, not only for … Read Full Post

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Are mineral and subsurface rights subject to eminent domain governmental condemnation in Florida?

Many times, mineral and subsurface rights are more valuable than the land or buildings that sit on top of them. Florida landowners facing eminent domain governmental condemnation must be compensated for the full extent of their ownership, including mineral and subsurface rights. Read Full Post

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Are installed fixtures subject to eminent domain governmental condemnation in Florida?

Property owners often install fixtures to their land without knowing that their land will one day be seized through eminent domain governmental condemnation. In Florida, property owners must be compensated for everything that is seized through eminent domain, including installed fixtures. Read Full Post

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Right to Compensation – Are Easement Interests Subject to Eminent Domain in Florida?

“Full compensation” is designed to make the property owner whole, as if the condemnation never occurred, and the owner voluntarily sold the property. Read Full Post

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Inverse Condemnation – Property Owners’ Damages

In Florida, property owners are entitled to receive full and fair compensation when their property is taken by a governmental entity.  Property takings can involve less than a property owner’s entire property.  When that happens, full compensation for the property … Read Full Post

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Eminent Domain Taking of Religious Institution In Florida

Nothing is sacred in a Florida Department of Transportation eminent domain proceeding, including a Religious institution that owns real property.  Religious institutions are not free from the government’s ability to take private property for any reasonably necessary public purpose. It … Read Full Post

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Pre-Trial Settlement Strategies in Eminent Domain Proceedings

You have already engaged in pre-suit negotiations with the condemning authorities.  However, the parties were simply too far apart to agree on the compensation for taking of your property.  Perhaps the parties came to an impasse, and the condemning authorities … Read Full Post

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Defending Eminent Domain Condemnation: Preparing for Trial After a Lawsuit has Been Filed Against You

You have been served with a lawsuit, and a governmental condemning authority is seeking to take your property under an eminent domain petition.  Chances are, you anticipated the lawsuit, as you have likely been negotiating with the condemning authority, and … Read Full Post

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