Tag: eminent-domain
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How can I locate an appraiser for my eminent domain case and who should I consider as my appraiser?
Your legal representative familiar with eminent domain matters is acquainted with qualified and seasoned appraisers specialized in eminent domain cases. Your legal representative will connect you with an eminent domain appraiser who is suitable for your case.
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How can the exercise of government’s eminent domain power impact individuals?
The exercise of eminent domain power by the government can impact individuals if their properties happen to be situated within the trajectory of initiatives like road expansion, establishment of new roads, drainage enhancements, or the construction of public amenities such as parks, schools, correctional facilities, institutes of higher education, airports, and various other projects.
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Who has the power of eminent domain?
The right to exercise the eminent domain power is delegated by the state legislature to the agencies of government and implemented as provided by laws enacted by the legislative body. Numerous sections of the state statutes authorize various governmental entities to use the power of eminent domain for specific purposes including counties, municipalities, regional transportation…
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What is a taking?
A taking is when a government exercises its power of eminent domain to acquire ownership of either a portion or the entirety of your property.
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What is the concept of eminent domain?
The concept of eminent domain refers to the authority of the government to seize property for a public purpose even without the owner’s permission. Eminent domain arises from the government’s need to acquire property for the greater public welfare, and every property owner’s ownership rights are subject to the government’s ability to exercise this power.
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What modifications to my entry entitlements will lead to remuneration from the authorities in accordance with the eminent domain regulations?
There are typically three modifications to entry entitlements caused by eminent domain that warrant remuneration: a. The transformation of direct entry before the acquisition to indirect, circuitous entry after the acquisition; b. The acquisition resulting in a complete loss of entry; or, c. Entry after the acquisition is limited or restricted to specific uses. Be…
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How can I receive payment in an eminent domain case if I do not agree to the government’s voluntary purchase of my property?
In situations where a property owner initiates condemnation proceedings, the government is obligated to compensate the owner with an amount equal to the good faith value (typically, the initial offer) at the outset of the condemnation process.
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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…
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Who is impacted by eminent domain?
Business proprietors, property owners, and renters are the primary individuals or organizations who are affected by the authority of the government entity or agency (“Condemning Authority”) to seize private property for public use.
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“Can the Government Take Down Signs and Billboards in Florida?”
– The Highway Beautification Act of 1965 allows the federal government and states to control and restrict the construction of new billboards along interstates. – Florida has its own laws to limit new billboard construction and protect the rights of existing billboard owners. – If a statutory limitation terminates vested rights to a pre-existing billboard,…
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Understanding Construction Defects and Property Laws in Florida
1. Homeowners associations and condominium associations in Florida have different requirements when it comes to examining and certifying construction defects. 2. Condominium associations are required to have a licensed engineer and/or contractor examine and certify construction defects. 3. These requirements are in place to handle disputes affecting condominium unit owners concerning matters of common interest.…
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How Florida Calculates Payment for Eminent Domain Takeovers
1) The value of the condemned land, including any associated appurtenances and improvements, must be compensated under Florida law. 2) Severance damages are only available when a partial taking of the property occurs, and are meant to compensate for the reduction in value to the remaining land. 3) Business damages are only available when less…
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Florida Inverse Condemnation Claims: What High School Students Need to Know
1. Inverse condemnation claims are brought by private property owners when the government’s actions result in a taking of the property without full compensation. 2. Examples of takings that can result in an inverse condemnation claim include physical invasions of property, regulatory takings, or other government conduct that takes real property. 3. Some cases in…
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Understanding Construction Easements in Florida’s Eminent Domain Process
– Temporary Construction Easements (TCEs) in Florida are temporary legal agreements that grant government entities or contractors the right to access a portion of private property for construction purposes. – Property owners are entitled to receive fair compensation for granting a TCE, taking into account factors such as the duration of the easement, the property’s…
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Maximizing Payment for Temporary Construction Permits in Florida
– A Temporary Construction Easement (TCE) is a legal agreement that allows a government entity or contractor to temporarily access a portion of private property for construction purposes. – TCEs are important because they directly impact property owners, and understanding their value and negotiating full compensation ensures that property owners are not shortchanged during eminent…