Eminent domain lawyers Tampa
Challenging Eminent Domain In Tampa
Receiving notice that the government wants to take your property or even just a portion of it, by eminent domain is incredibly stressful. While the United States Constitution and the Florida State Constitution give the state and federal government the power to seize property by eminent domain, you have the right to fight back and seek redress in Florida courts. Tampa Eminent Domain Lawyer Eric T. Taylor knows how to fight for you. Attorney Taylor is a leading eminent domain lawyers Tampa who is very knowledgeable and highly skilled in challenging eminent domain petitions in the Tampa Bay area. He has over 15 years of experience passionately fighting to protect the rights of Tampa's residents facing a forced sale of their property.
How Can You Challenge The Government?
There are many legal challenges to eminent domain a person can raise when fighting eminent domain. One source of potential challenges is federal law. The U.S. Constitution provides protection against governmental overreaching. The Fifth Amendment to the United States Constitution grants the right of people aggrieved by government action the right to due process of law. Under federal law, due process means you have the right to:
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- fair and impartial hearing;
- present evidence on your behalf.
Those are the minimum protections to which a person is entitled. Florida law provides greater protections to its residents than the United States Constitution. Governmental action means eminent domain actions by the government of the State of Florida, Hillsborough County, and municipalities like Tampa, St. Petersburg, and Clearwater.
The protections under Florida law start with the Florida Constitution. The Florida Constitution prohibits the state from taking private property unless the owner receives full compensation from the government. Additionally, the government may take the land only if the taking serves a public purpose. The Florida Constitution expands on those protections by prohibiting selling the seized land to a private entity unless the sale complies with a state law passed by 3/5 of both houses of the legislature. The Florida Constitution allows utilities to take easements by the same process as well as drainage easements from one private property to benefit another.
eminent domain lawyers Tampa
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The Florida electorate established a procedure for the government to follow before it brings a case to court seeking a judicial order throwing you off of your property. The procedure under Florida law is called pre-suit negotiation. In pre-suit negotiation, the government must give notice to the landowner containing information on why the government needs your land, i.e. the public purpose, the appraisal for the value of your home, and your rights to an attorney and attorney's fees as authorized by Florida Statutes. This rule applies to both private residents and businesses. The landowner has the right to obtain their own appraisal. if it wishes to pursue the condemnation action.
Under Florida law, you can raise the following objections in the Hillsborough County Court:
- The notice you received is insufficient;
- The governmental body does not have the authority to take the property;
- The proposed use is not a valid public use;
- The taking is more than reasonably necessary; or
- The proposed price is less than "just compensation."
If successful, the court can award the landowner reasonable attorneys' fees and costs of litigation including the cost of expert witnesses who work with your attorney if one was needed in a given case. It is important to know that every case is different and not every case requires an expert witness, but some do.
Mounting Your Defense To Protect Your Rights
Attorney Eric T. Taylor and his Tampa eminent domain law firm fight for their clients with zeal, vigor, and compassion. Attorney Taylor will fight for you if the government is threatening your property. Call Attorney Taylor today at 813-259-4444 to schedule your free consultation.
Fla. Statutes Chapter 73 et seq.