Florida Eminent Domain Law Blog



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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Common Deficiencies in Eminent Domain Real Estate Appraisals

Eminent domain proceedings are legal proceedings brought by the government, or an entity acting on behalf of the government, to seize private property for public purposes. The government has the right to seize private property for public use only if the property owner receives full compensation. During the eminent domain proceedings, the issue typically turns on whether the landowner has received a fair appraisal in order to receive full compensation for land. Oftentimes, a property is not properly appraised and just compensation is not offered. While the following list below is not an exclusive list, these are common deficiencies that landowners and landowner attorneys can look for when evaluating the adequacy of the government’s real estate valuation. Read Full Post

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Order of Taking: What You Should Know When the Government Sues to Quickly Take Your Property Under Eminent Domain

Whether you are a landowner, a tenant or a business on property subject to eminent domain, you should not be surprised when the government (or condemning authority) files a lawsuit against you to take your property. After all, the condemning authority is required to follow strict pre-suit notice and negotiation protocols before any lawsuit is filed to take your property. See Brandon C. Meadows’ and Charles B. Jimerson’s article on the procedures the government must follow before filing an eminent domain lawsuit.

Nonetheless, you have been sued by the government, which is seeking an order of taking against your property. Understanding the process and your substantive rights in the lawsuit will ensure that you are best equipped to obtain full and fair compensation for your property. Read Full Post

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What Procedures Must the Government Follow Before Filing an Eminent Domain Lawsuit Against You?

Before filing an eminent domain lawsuit against a property owner, Florida law requires the government or the condemning authority to conduct very specific procedures. These special procedures and considerations are designed to ensure that the taking of any property is valid and that the property owners are given a fair opportunity to resolve the issues with the government before the suit is filed. It is critical for property owners to understand their pre-suit rights throughout this process to obtain full and fair compensation for any taking of their property. Read Full Post

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