The Bert Harris Act was enacted in 1995 by the Florida Legislature in response to concerns that governmental regulations and actions could unfairly diminish the value of private property without providing just compensation to the property owners. See Section 70.001, Florida Statutes. The Act addresses situations that may not rise […]
Temporary Construction Easements (TCEs) are integral aspects of eminent domain construction projects throughout Florida. Property owners facing the taking and negotiation of a TCE must navigate a complex landscape to ensure they receive full compensation. In this article, we will: Discuss approaching the valuation of a TCE. Shed light on […]
Eminent domain in Florida often takes center stage when government entities embark on construction projects of public importance. These projects can range from essential road widening initiatives and the construction of new sidewalks to the installation of underground and above-ground utilities and more. In the midst of these endeavors, Temporary […]
When the government takes property from a land owner under eminent domain, it is given that the government must pay the owner for the value of the property taken. However, tenants and leaseholders of property are often unsure as to their rights to compensation. The reality is that owners of […]
In many cases, property owners become aware that eminent domain proceedings will affect their property, but owners are often surprised to learn how long the process takes. Major government projects can take years of budgeting, engineering, and planning before the first parcel is ever taken by eminent domain. Early in […]
Sign, sign, everywhere a sign. Businesses all over Florida use signs and billboards to advertise their brands and products to the consuming public. Private landowners can make money by granting easements to outdoor advertising companies, which construct billboards on property nearby major interstates. Some property owners may wish to advertise […]
Location, location, location. People pay big money for property with open air, great lighting and incredible views. Sometimes a government project infringes upon those valuable qualities so much that it is deemed a taking. If they assert eminent domain in Florida, the owner is entitled to full compensation. Likewise, if […]
“Full compensation” is designed to make the property owner whole at an eminent domain proceeding. It’s as if the condemnation never occurred and the owner voluntarily sold the property. But what if the condemning authority takes something less than the entire property? Any taking of an interest in your property—no matter […]
Owners of waterfront property have “riparian rights” to access the navigable water and the right to a waterfront view in addition to their rights to use their upland property. Docking rights often are an area of dispute, not only for waterfront property owners seeking dock permits from the government, but […]
Many times, mineral and subsurface rights are more valuable than the land or buildings that sit on top of them. Florida landowners facing eminent domain governmental condemnation must be compensated for the full extent of their ownership, including mineral and subsurface rights. The Power of Eminent Domain The Fourth and […]