Florida Real Estate Law Firm Familiar with the State’s Eminent Domain Laws

North Central Florida Real Estate Attorneys Will Stand Up For Your Rights

Under the Fifth Amendment of the U.S. Constitution, the government is allowed to take private property if the taking is for a public use and the owner is justly compensated – paid fair market value – for his loss. A public use is anything sanctioned by a federal or state legislative body, and commonly involves:

• Roads
• Parks
• Reservoirs
• Schools
• Hospitals
• Other public uses
  Florida residents can protect their commercial or residential property when a government agency threatens to take it through the eminent domain process.

Eminent Domain Process

The legal procedures surrounding eminent domain law vary between jurisdictions. In Florida, the following process is followed:

• The government attempts to negotiate the purchase of the property for fair value.
• If the owner will not sell, the government files a court action to exercise eminent domain.
• An Order of Taking hearing is scheduled, at which the government is required to demonstrate that it engaged in good faith negotiations with the landowner to purchase the property, but no agreement was reached. The landowner also has the opportunity to respond to the government’s claims.
• If the government prevails at the Order of Taking hearing, it must place a good faith estimate of the value of the property in the Court’s registry, and the landowner may withdraw this sum for personal use. The government then obtains title to the property.
• A trial is held to establish full compensation and any other potential damages that may be recoverable for the property that was taken.
• If either side is not satisfied with the outcome, they may appeal the decision.
• At the end of the proceedings, the taking party is responsible for the court costs, including reasonable expenses incurred by the property owner.

Are you facing eminent domain in Florida and unsure about your legal rights? Dean and Dean, LLP protects the rights of property owners throughout north central Florida in eminent domain matters. For effective legal representation, contact our firm online or call (352) 515-9221 to set up your initial consultation with one of our experienced attorneys today.