Eminent domain sometimes referred to as condemnation, is the government power to take private property. Black’s Law Dictionary defines “eminent domain” as “the inherent power of a governmental entity to take privately owned property, especially land, and convert it to public use, subject to reasonable compensation for the taking.”
Obtaining an Order of Taking
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. 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.
Here's What You Need to Know
Provisions pertaining to an eminent domain can be found in Article X, Section 6 of the Florida Constitution. Article X, Section 6(a) specifically states, “No private property shall be taken except for a public purpose and with full compensation therefore paid to each owner or secured by deposit in the registry of the court and available to the owner.”
The state laws regarding “pre-suit negotiations,” including compensation, can be found in Title VI, Chapter 73 of the Florida Statutes. In accordance with these laws, the government agency or “condemning authority” seizing your property through eminent domain must give you a “written offer” for your property. It must also give you a copy of the appraisal that serves as the basis for the offer if you request it. Lastly, the condemning authority “must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel” before taking further legal action.
Confiscation of land through eminent domain is not limited to residential parcels – it can also affect businesses and mobile home parks.
To learn more about how eminent domain may affect you, contact our law firm at 800-705-5457 or email us at information@dhclawyers.com.