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Orlando, Florida Eminent Domain Blog

How do I challenge a taking through eminent domain?

Eminent domain refers to when the property of a private property owner is taken for public use. This is a big step to have your property taken so property owners facing an eminent domain taking of their property likely have many questions and should know how to challenge eminent domain if they think it is not fair.

When property is taken from a property owner, they have certain rights that they must know how to protect. A property owner that is having their property taken must receive fair notice of the taking and have time to obtain legal advice and object to the proposed taking. The property owner must also have the opportunity to a fair hearing. The hearing helps to ensure the property owner's rights are protected as part of the eminent domain process.

How legal resources help get a real estate transaction on track

A lot can come up in a real estate transaction so it is important to be prepared and know what to expect. It is also important to have a strategy when facing one of the many real estate litigation concerns that can plague a real estate transaction and know how to respond to help get the real estate transaction back on track.

Real estate litigation disputes can arise from boundary conflicts; easement interpretations; title defects; failure to disclose defects; contract interpretations; enforcement of purchase agreements; zoning and land use problems; and concerns related to eminent domain. Each of these concerns can have a significant impact on a real estate transaction, especially if the parties to the transaction are concerned about how a dispute related to an easement or a zoning restriction, for example, will be resolved.

Southern Florida eminent domain fight heats up

There are many rules and regulations property owners should be aware of. Eminent domain is an important issue for property owners to understand. In Southern Florida, there is a current dispute that is related to the proposed development on oceanfront property. A company wanting to build on the oceanfront land is asserting that the city has deprived it of its right to build by failing to provide a fair hearing and brought a lawsuit against the municipality as a result.

The company is seeking to build a high rise on the oceanfront property, which has garnered some objections based on views potentially being blocked and fears that it would lead to increased development in the area. The company has the necessary state permits but not city permits to build. According to the company, when they went to the local city for a building permit the council cut their presentations short and voted to deny the company's request for an exception to an ordinance restricting beachfront development.

What disclosures are mandatory for Florida home sales

Selling a home is a time of great possibilities, of potential, of hope. But when you make plans to sell your home, it’s important to know what is expected of the seller.

Like most states, Florida requires sellers to make certain disclosures about the property’s condition and history. Courts have determined that sellers are in the best position to know the facts regarding the properties and should disclose those facts to the buyer or face legal liability.

Legal help resolving real estate disputes

Sometimes property owners will find themselves in disputes that are not easily to resolve. When a dispute is difficult to resolve, there are a variety of legal resources and remedies available to help guide landowners through the resolution of their dispute. There are a variety of different ways a dispute may resolved depending on the circumstances.

Because real estate litigation can sometimes be contentious and may also be complex and technical, trained guidance through the process can be valuable. Issues that may come up can include boundary conflicts; contract interpretation concerns; easement interpretation concerns; enforcing a purchase agreement; title defects; nondisclosure of defects; and zoning and land use disputes.

How to pursue a zoning change or variance

When zoning laws hamper the purchase or use of property, it is helpful for property owners to know about the different legal options available to help them. When the zoning regulations for a piece of land are inconsistent with the way the property owner wishes to use the property, they may be able to seek a change in zoning laws from their local jurisdiction.

Understanding the process of requesting a zoning variance or re-zoning, which can be technical and complex, is important for property owners. There is typically an application process and a fee that must be paid. A hearing explaining the reasons for the requested variance or change may also be a part of the process. It may be necessary to submit surveys, models, drawings and photos to describe the proposed use for the property. It may also be possible to appeal a decision that is unfavorable to the property owner.

What is eminent domain?

Because of the significant impact of eminent domain on the lives of everyday people, it is important for property owners to understand the nature and scope of the government's power to take property. Eminent domain refers to the government's ability to take private property for a public use.

Public uses that property may be taken for include improvements to roadways, sewer and power lines, communications and other systems as well. Under the law, the government may take private party in certain instances for a public use but are required to fairly compensate the property owner for the taking. This is referred to as a taking of property.

Can inverse condemnation help you if the government takes land?

If you are concerned that a government body has unfairly taken or ruined parts of your land, you have legal options. When they avoid formal eminent domain proceedings to take your land and fail to pay you fairly for your loss, they have violated your rights to compensation.

Legal help when the government is taking property

Eminent domain is an important area of the law for Florida property owners to understand. Eminent domain refers to the taking of private property for public use and can be a complex area of the law that can have a dramatic effect on the property rights of the property owner.

Eminent domain can affect a wide range of parties including private property owners; homeowners; business owners; corporations; associations; agribusiness; utilities; county governments; and municipalities. When property is taken through the process of eminent domain, it is important for the property owner to know how to obtain just compensation when their property is condemned. Property owners should ensure they receive the fair market value of their property which can be a battle.

What can go wrong in a real estate transaction?

Real estate transactions oftentimes represent hopes, dreams and a significant expense. There are large sums of money on the line for the parties, including home buyers and home sellers. Unfortunately, problems can arise during real estate transactions which can threaten to derail the deal and is why it is helpful to know how to address real estate disputes and real estate litigation.

In some circumstances, real estate transactions can go wrong if the seller fails to disclose defects or another material fact that may impact the decision made by the buyer to purchase the property or the price the buyer paid for the property. It is important to be familiar with what disclosures are required in your state. In addition, purchase agreement concerns can also arise during a real estate transaction so it is essential to know how to negotiate, draft and execute your real estate documents.

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Callan Law Firm
921 Bradshaw Terrace
Orlando, FL 32806

Toll Free: 877-426-9141
Phone: 407-917-4436
Fax: 407-426-0567
Orlando Eminent Domain Office