Eminent Domain Frequently Asked Questions
Office of Right of Way Eminent Domain Frequently Asked Questions:
What gives the Department the right to take my property?Chapter 337, Florida Statutes, gives the Department the authority to exercise the power of eminent domain. Chapters 73 and 74, Florida Statutes, set forth the procedures which apply to eminent domain actions.
What are my rights?The Florida Constitution states private property cannot be taken without full compensation being paid to the property owner and without due process of law. You have the right to have a judge or a jury to decide full compensation at a trial.
Will I need an attorney, and if so, who will pay that expense?In as much as this is a legal process an attorney may be necessary. Fees and costs incurred in defense of the proceedings will be determined by the court and paid by the Department in accordance with Chapter 73, Florida Statutes.
How much is the Department going to pay me for my property?The property owner will be paid full compensation as determined by a jury or a judge based on testimony presented at trial.
Is a trial the only way to settle the issue of full compensation?No, at any time during the process the property owner and the Department may agree to settle. Settlement can be the result of negotiations, settlement conferences or mediation. The court encourages the property owner and the Department to work out their differences through settlement to relieve the crowded court schedules.
What gives the Department the right to take my property?Chapter 337, Florida Statutes, gives the Department the authority to exercise the power of eminent domain. Chapters 73 and 74, Florida Statutes, set forth the procedures which apply to eminent domain actions.
What are my rights?The Florida Constitution states private property cannot be taken without full compensation being paid to the property owner and without due process of law. You have the right to have a judge or a jury to decide full compensation at a trial.
Will I need an attorney, and if so, who will pay that expense?In as much as this is a legal process an attorney may be necessary. Fees and costs incurred in defense of the proceedings will be determined by the court and paid by the Department in accordance with Chapter 73, Florida Statutes.
How much is the Department going to pay me for my property?The property owner will be paid full compensation as determined by a jury or a judge based on testimony presented at trial.
Is a trial the only way to settle the issue of full compensation?No, at any time during the process the property owner and the Department may agree to settle. Settlement can be the result of negotiations, settlement conferences or mediation. The court encourages the property owner and the Department to work out their differences through settlement to relieve the crowded court schedules.
posted by Editor Facts & Myths at 11:52 AM
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