EMINENT DOMAIN/ CONDEMNATION
EMINENT DOMAIN/ CONDEMNATION
We seek to recover full compensation for Florida property owners who are having their property taken by a governmental entity or other condemning authority.
Black's Law Dictionary defines eminent domain as "the power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character."[1]Black's Law Dictionary defines condemnation as the "process of taking private property for public use through the power of eminent domain."[2]In other words, eminent domain is the power the government has to take private property and condemnation is the process that the government must follow to take the property.
Both the United States Constitution and the Constitution of the State of Florida place limits on the state's inherent power of eminent domain. The Fifth Amendment to the United States Constitution states that private property shall not be taken for public use without just compensation.[3]The Constitution of the State of Florida states that "no private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner."
[4]
Florida Statute Chapter 73, which is titled Eminent Domain, and Chapter 74, which is titled Proceedings Supplemental to Eminent Domain, provide Florida's condemnation law.
While every section in these two Chapters is important, many property owners are particularly interested in Section 73.015 Presuit negotiation and Section 73.091 Costs of the proceedings. Section 73.015 Presuit negotiation mandates that "before an eminent domain proceeding is brought under this chapter or chapter 74, the condemning authority must attempt to negotiate in good faith with the fee owner of the parcel to be acquired, must provide the fee owner with a written offer and, if requested, a copy of the appraisal upon which the offer is based, and must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel."[5] Section 73.091 Costs of the proceedings mandates that the condemnor pay the property owner's attorney's fees and costs.Because the condemnor is responsible for paying the property owners fees and costs, The Law Office of Holloway and Associates does not look to the property owner for fees or costs.
If you are a property owner and believe that the government may be acquiring your property for a future project, we would welcome the opportunity to review the facts of your case and discuss with you your legal options.
[1] Black's Law Dictionary 523 (6th ed. 1990) (emphasis added).
[2] Black's Law Dictionary 292 (6th ed. 1990) (emphasis added).
[3] Fifth Amendment of the United States Constitution, 1791.
[4] Section 6(a), Article X, Fla. Constitution. [5] §73.015 (a), Fla. Stat. (2000).
We seek to recover full compensation for Florida property owners who are having their property taken by a governmental entity or other condemning authority.
Black's Law Dictionary defines eminent domain as "the power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character."[1]Black's Law Dictionary defines condemnation as the "process of taking private property for public use through the power of eminent domain."[2]In other words, eminent domain is the power the government has to take private property and condemnation is the process that the government must follow to take the property.
Both the United States Constitution and the Constitution of the State of Florida place limits on the state's inherent power of eminent domain. The Fifth Amendment to the United States Constitution states that private property shall not be taken for public use without just compensation.[3]The Constitution of the State of Florida states that "no private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner."
[4]
Florida Statute Chapter 73, which is titled Eminent Domain, and Chapter 74, which is titled Proceedings Supplemental to Eminent Domain, provide Florida's condemnation law.
While every section in these two Chapters is important, many property owners are particularly interested in Section 73.015 Presuit negotiation and Section 73.091 Costs of the proceedings. Section 73.015 Presuit negotiation mandates that "before an eminent domain proceeding is brought under this chapter or chapter 74, the condemning authority must attempt to negotiate in good faith with the fee owner of the parcel to be acquired, must provide the fee owner with a written offer and, if requested, a copy of the appraisal upon which the offer is based, and must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel."[5] Section 73.091 Costs of the proceedings mandates that the condemnor pay the property owner's attorney's fees and costs.Because the condemnor is responsible for paying the property owners fees and costs, The Law Office of Holloway and Associates does not look to the property owner for fees or costs.
If you are a property owner and believe that the government may be acquiring your property for a future project, we would welcome the opportunity to review the facts of your case and discuss with you your legal options.
[1] Black's Law Dictionary 523 (6th ed. 1990) (emphasis added).
[2] Black's Law Dictionary 292 (6th ed. 1990) (emphasis added).
[3] Fifth Amendment of the United States Constitution, 1791.
[4] Section 6(a), Article X, Fla. Constitution. [5] §73.015 (a), Fla. Stat. (2000).
posted by Editor Facts & Myths at 11:53 AM
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