Florida eminent domain law is complicated. The process can be downright overwhelming for Florida's residents. One of the best things you can do if you receive notice that the government wants to take your land is to seek competent legal advice from a top Tampa Bay eminent domain law firm. Tampa eminent domain attorney Eric T. Taylor has over 15 years of experience fighting for his clients who are faced with losing their property to the government.
Attorney Taylor's experience with Tampa Bay area eminent domain law has taught him that no two cases are alike. That being said, there are issues which are common in every case. Those issues are discussed below.
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Can My Land Be Taken For Private Use?
Under Florida law, your land may not be taken solely for private use. The public good must be served in some fashion by the taking. Another critical component of the public good requirement is that the taking is reasonably necessary. Reasonably necessary means not taking more land than what is needed and the government does not have an alternative. Florida courts recently expanded the meaning of the phrase "public good" by permitting a taking to build a soccer stadium in Orlando to house a professional soccer club. The owners of the condemned land fought to prevent their property from being taken away, but the courts ruled that the public good would be served by taking people's property and building a stadium.
Florida law prohibits the sale of your land to a private entity unless many conditions have been satisfied. But, some projects may benefit private businesses.
What Is Inverse Condemnation?
Under Florida law, inverse condemnation is a claim the landowner can file against the government if the government fails to provide the landowner with just compensation for the taking, even though the government did not force you to sell your property. Inverse condemnation is frequently known as a regulatory taking. What that essentially means is that the government has taken actions so adverse to rights as a landowner, the government has rendered it valueless. You can seek compensation from the government if that happens to you. Florida has a four-year statute of limitations on the inverse condemnation claims. Each case regarding inverse condemnation is highly fact specific.
Inverse condemnation is highly dependent upon timing. A case may not be ready for court because the effects of the governmental action may not be fully known. Furthermore, you must use all of the administrative options available to you before you go to court. That means you must appeal to local zoning boards, boards of appeal, and other administrative bodies before you can go to court.
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What Rights Do Businesses Have If Its Property Is Taken By Eminent Domain?
Florida businesses have many rights under the eminent domain laws of Florida. These rights may be found in Chapter 73 of the Florida Statutes. Businesses are entitled to just compensation for the loss of their property. The government may also be liable to the business for loss of business opportunity, reasonable relocation costs, and loss of future revenue if definite as well. Furthermore, the government might be liable to the business owner if construction is too loud or prevents the business from operating as just compensation for taking of the business property.
Contact Tampa bay eminent domain attorney Eric T. Taylor Immediately
Florida eminent domain attorney Eric T. Taylor fights for his 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 immediately upon receiving notice that your land is subject to eminent domain.
Fla. Statutes Chapter 73 et seq.
Hussey v. Collier County, 158 So. 3d 661 - Fla: Dist. Court of Appeals, 2nd Dist. 2014