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Orlando, Florida Eminent Domain Blog

How just compensation for eminent domain is calculated

When a property owner is having their property taken through eminent domain, it is important for them to understand what types of damages they should receive. When property is taken by the government for public use through eminent domain, the government must pay just compensation for the taking which is why it is essential for property owners to know what just compensation means.

The purpose of just compensation is to place the property owner in the same position, or as close to it as possible, that they would have been in without the taking of their property and to make them whole again. It is necessary for property owners going through the takings process to know how just compensation is calculated through the valuation of their property. The property valuation process for eminent domain damages can be a challenging process that the property owner may have to fight for which is why they need to be familiar with it.

Taking action over an inaccurate seller's disclosure

Buying real estate often involves multiple professional examinations of the property, as well as thorough disclosures provided by the seller. The purpose of appraisals and disclosures is to protect people from getting taken advantage of by unscrupulous individuals.

A piece of real estate that seems appealing upon visual inspection could turn out to be a money pit due to serious issues like a sinking foundation. Anyone selling a piece of real estate with defects has an obligation under Florida law to advise the potential purchaser of any known defects in the seller's disclosure.

Legal help with the different types of real estate litigation

Real estate disputes and litigation can be costly, time consuming and challenging. It can also, however, also be important to the property owner's use of the property and their property rights. As a result, it is essential for property owners facing real estate litigation to be familiar with the legal resources available to protect their interests.

Real estate disputes can arise in the context of contract interpretations; interpretations of easements; failure to disclose defects; defects with the title; zoning and land use disputes; eminent domain concerns; boundary conflicts and disputes; and enforcing purchase agreements. Real estate litigation can help property owners resolve all of these types of disputes that may arise and can help clarify and preserve property rights.

Buying property without a real estate agent

Buying a house or other property without an agent can be a risky venture for buyers, especially at closing if they aren’t careful. Yet “iBuyer” companies are growing, according to the National Association of Realtors, which says 13% of homebuyers did it themselves in 2018.

While risk can be involved, the rewards are also high as buyers can shave off thousands of dollars by not paying a commission to agents, which in turn can result in lower mortgage payments.

How can a variance help with my zoning issue?

Zoning restrictions can have a dramatic impact on the property owner's ability to utilize their land how they want. As a result, it is helpful for property owners burdened by a zoning regulation that is in conflict with their intended use of the property to be familiar with the different options that may be available for zoning relief.

One option is to request a variance. There are two types of variances landowners can request for zoning relief. One type addresses the use of the land and the other type addresses the structures built on the land. When requesting either type of variance, the property owner must demonstrate that conforming to the zoning requirement would create an undue hardship for them. In some situations, there may also be a requirement that the variance not be detrimental to the public interest.

What do I need to know about easements?

Easements are important to understand because of the impact they have on land use and the value of property. At their most basic level, easements are a property right that creates an interest in land owned by someone else. This can be a tricky concept, which is why property owners should understand as much as possible about them.

Easements are referred to as a nonpossessory interest in land that the holder of the easement does not possess. Easement holders have the right to enforce their nonpossessory interest in property if the easement holder's use is interfered with. The easement holder is not permitted to occupy the land or exclude others from the land. By contrast, the property owner can exclude all others from the land except the easement holder. Technical language is sometimes used to refer to easements and the transferability of easements. Easements can be challenging to understand and unpack.

Understanding the different ways property is zoned

The overall purpose of zoning regulations is for the health and safety of the community and to regulate growth. In general, zoning laws, which include zoning ordinances and land use regulations, are used to control the use of property. Since zoning laws impact the owner's use of their property they are important for property owners to understand and be familiar with.

Commercial zoning laws can impact the conduct of a business by controlling the type of activities a business can conduct in a certain area and the category of business that may operate in a particularly- zoned area. Zoning laws also regulate the features of the building that are permitted on the property and other considerations as well including setbacks from the street, parking and other considerations.

How to respond to threats of eminent domain

Eminent domain is a serious concern, and may be a serious threat, to property owners which is why they should understand how it works and how to challenge a government taking if that is what they want to do. Many different types of property owners may be faced with eminent domain concerns so it is helpful to be familiar with the ins and outs of eminent domain and what it means for them.

Private property owners; homeowners; business owners; corporations; associations; agribusiness; utility owners; and others may all face eminent domain concerns. Eminent domain refers to the taking of property by the government for public use. Eminent domain has a significant impact on the property owner's property rights and ownership of the property which is why property owners of all kinds should be familiar with the different legal options available when they are threatened with a taking of their property.

Can the government take my property and give it to someone else?

Eminent domain allows the government to take (condemn) private citizens’ property for “public use.” Though the government must compensate the property owners fairly, conflicts can easily arise out of the situation.

One aspect of eminent domain that is especially contentious is the practice of transferring condemned property to third-party developers—for purposes that are not public use. In Florida, the state legislature has tried to protect property owners from this practice.

Addressing commercial zoning challenges

If a commercial property is not zoned for a particular use the business has planned for it, there are different options the business may want to consider to help them with their land use concerns. Land use laws can help with rezoning, conditional use exceptions and appeals so businesses and commercial property owners should be familiar with the legal options that can help them.

When a particular zoning ordinance prohibits a particular use, there are different options including pursuing relief from a zoning board or board of appeals. The zoning board can grant either conditional use permits or variances for nonconforming uses. In circumstances of a conditional use permit, the board can condition permission of a specific activity in a zone on the fulfillment of a condition or set of conditions. A variance, if permitted, can provide an exception to a zoning regulation.

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Callan Law Firm
921 Bradshaw Terrace
Orlando, FL 32806

Toll Free: 877-426-9141
Phone: 407-917-4436
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Orlando Eminent Domain Office