best eminent domain attorney in Tampa

Tampa Eminent Domain State Law Overview

Florida eminent domain law is a complicated legal scheme. Many laws from different sources come into play. These laws are written to protect the Florida resident from the long and powerful arm of state and local government while balancing the state's need to provide better infrastructure and services to Tampa residents by giving the government the ability to acquire the property it needs to complete those projects. The balance point can be small. You must be aware of government overreaching and abuse of its power. The only obstacle standing in the way of you unfairly and unjustly losing your property is a competent, caring, and respected attorney. Tampa Bay eminent domain lawyer Eric T. Taylor is highly experienced and well-respect attorney who has a passion for fighting for his clients' rights.

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What Are The Sources Of Florida Eminent Domain Law?

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The Fifth Amendment to the United States Constitution grants the government the ability to take a person's property as long as the government justly compensates the person for the taking. The Fifth Amendment's "Takings Clause" applies to the federal government and the several states via the Fourteenth Amendment. The Fifth Amendment provides the minimum protection owed to a person in the United States. The states are free to give their residents even greater protections. Florida has done so.

Article X, section 6 of the Florida State Constitution gives the government the ability to take property by eminent domain. The landowner or business owner as the case may be must be justly compensated for the taking. Additionally, the state must have a public purpose for the taking. The state is prohibited from taking property from one person and selling it to another private person or entity. Section 6 mandates the government to comply with the Florida Statutes before selling property taken by the state to a private person or entity. Additionally, the proposed taking by the government must be no greater than necessary to meet its needs. For example, Hillsborough County cannot take 10 acres of fertile farmland to build a road when the project requires one acre only.

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Florida Statutory Authority

Florida's statutes create a comprehensive scheme that it is very complicated. The bulk of Florida's eminent domain law can be found in Chapters 73 and 74 of the Florida Statutes. Chapter 73 spells out the procedure for what is known as a "slow-take condemnation." Chapter 74 is known as Florida's quick-take process. The primary difference, as the labels imply, is the speed with which the takings occur. There is another significant difference between slow-take and quick take condemnation. The slow-take procedure allows the government to pay the landowner direct for the property. The quick-take procedure obligates the government to pay the sum to the county court, and the county court holds the money in its registry until the takings process is complete and then the owner is paid.

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Additionally, the City of Tampa has city ordinances in place granting authority to the city for many projects including waterworks, parks, sewer, roads, and other infrastructure projects.

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Defenses To Eminent Domain Under Florida Law

Florida law makes the government jump through hoops so to speak before it forces you to sell your land to the state, county, or local authority that condemned your property. It is important to note that in many circumstances, the state will pay your attorneys' fees in a condemnation proceeding. Forcing the government to pay attorneys fees helps level the playing field for you so you can raise any of the following defenses:

  • Inadequate notice;
  • Unjust compensation;
  • Taking not designed for public use; or
  • Taking is greater than reasonably necessary than required.

What Should You Do If You Suspect Your Land Is Subject To Eminent Domain?

Florida eminent domain proceedings are complicated matters. Florida eminent domain Attorney Eric T. Taylor understands the process and will fight to protect your rights. Call Attorney Taylor today at 813-259-4444 to schedule your free consultation.

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Sources:

http://edis.ifas.ufl.edu/fe679

Fifth Amendment to the United States Constitution

Florida Constitution and Statutes Article X, Section 6; Chapters 73, 74, 163, and 166 Florida statutes

https://www.avvo.com/legal-guides/ugc/eminent-domain-process-in-the-state-of-florida

http://www.tampabay.com/news/localgovernment/tampa-could-use-eminent-domain-for-road-in-vinik-cascade-project/2271618

https://www.municode.com/library/fl/tampa/codes/code_of_ordinances?nodeId=10132

 

Call Attorney Taylor today at 813-259-4444 to schedule your free consultation.

Contact the best eminent domain attorney in Tampa