How does the Government Authority take action on the property?

Once acquisition of all or a portion of the landowner’s property is determined, the Government Authority files a Petition in Condemnation. The Petition states the legal description of the property taken, identifies the owner of the property and others who may have an interest such as mortgage holders and tenants, and the public use, which requires the taking.

The government can negotiate to purchase your property just like any other buyer might. If you and the government cannot agree on a price, however, the government can proceed with eminent domain. Eminent domain is simply the legal process that has been established to allow governments to gain ownership of private property. Eminent domain formally begins when the government starts a lawsuit to take your property. These lawsuits do not affect your credit rating or allege that you have done anything wrong.

To acquire your property, the state has to follow the prescribed laws and procedures outlined in Florida’s statutes and common law by utilizing a process called eminent domain. The state can only take your property if it is necessary for a public purpose. It is not permissible for the state to seize your property in Florida for private use or take more than what is necessary for a public purpose.