The Florida Legislature deems it necessary in the interest of the public health, safety, and welfare to regulate the construction industry in Florida. As a result, the Florida Legislature enacted Chapter 489, Florida Statutes. Florida Construction Licensing is further broken down by restrictions on the scope of work a respective […]
Florida’s condominium market has gained strength in the past five years; traditional sales are up, and prices are rising. In Northeast Florida, Condominiums and Townhomes spent an average of 11 fewer days on the market than single-family detached homes. As the condo market heats up and real estate developers consider […]
Prescribed burning can present complex legal issues touching on property rights, safety concerns, public health, negligence and regulatory hurdles.
Security deposits are obviously one of the most important tools for landlords to protect their property when leasing it to a tenant. However, when accepting a security deposit, residential landlords must comply with Florida law governing how security deposit must be held and how the accrued interest is paid out […]
The importance of the economic loss rule in construction law cannot be overstated. If a construction project goes south, the economic loss rule allows construction law attorneys to identify which parties to the project can bring what types of claims against which other parties. This blog post discusses Florida’s economic […]
Sometimes it is necessary to remove someone from your property. There are a number of legal theories that involve someone entering upon real property and the claim that a landowner ultimately asserts depends on the relationship it has with the actor. A person with no right to real property who […]
Eminent domain proceedings are legal proceedings brought by the government, or an entity acting on behalf of the government, to seize private property for public purposes. The government has the right to seize private property for public use only if the property owner receives full compensation. During the eminent domain proceedings, the issue typically turns on whether the landowner has received a fair appraisal in order to receive full compensation for land. Oftentimes, a property is not properly appraised and just compensation is not offered. While the following list below is not an exclusive list, these are common deficiencies that landowners and landowner attorneys can look for when evaluating the adequacy of the government’s real estate valuation.
A Community Development District (“CDD”) is a governmental unit created to serve the long-term specific needs of a community. Created under Chapter 190 of the Florida Statutes, a CDD’s main powers are to plan, finance, construct, operate and maintain community-wide infrastructure and services specifically for the benefit of its residents. There are over 600 CDD’s in Florida and many of the current CDD’s were established between the housing boom of 2003-2008. Part 1 of this 4 part blog will discuss general aspects and considerations of CDDs in Florida.
Eminent domain is a legal proceeding brought by the government, or an entity acting on behalf of the government, where the government actor asserts its authority to condemn private property for public use. Lingle v. Chevron, 544 U.S. 528 (2005). Under the U.S. and Florida Constitutions, the government can take private property only in limited situations and must pay the private property owner just compensation for the land it takes. But what happens when there is a de facto governmental taking of private property without any eminent domain proceedings and no just compensation paid to the property owner? What recourse does the property owner have after-the-fact? The available remedy is called inverse condemnation.
Roadwork and other governmental projects are prevalent in Florida and often require the government to acquire private property. Both the Florida Constitution and the United States Constitution provide that no private property shall be taken for a public purpose without full compensation. A land owner’s constitutional right to full compensation for property taken by the government includes the ability to recover reasonable attorneys’ fees in the process. JEA v. Williams. The ability to recover attorneys’ fees, even in pre-suit negotiations, is an important consideration for owners when dealing with a government entity seeking to acquire the owner’s real property.