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Orlando, Florida Eminent Domain Blog

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.

Understanding land use and zoning laws

Land use and zoning regulations govern the use and development of property and, as such, impact the property rights of landowners. As a result, property owners should be familiar with land use and zoning laws in their area and what to do if they need to request a rezoning.

Zoning regulations control and direct development of property within the borders of a city or municipality. Cities and municipalities are typically divided into residential, commercial and industrial districts, which are typically kept separate but not in every instance. Zoning regulations can specify the types of buildings allowed in a particular area; restrictions on accessory buildings and building setbacks from the streets and other boundaries; the size and height of buildings; the number of rooms in buildings; and the location of utility lines.

The process of challenging an eminent domain claim

When property is being taken from a property owner through the eminent domain process, it is essential for property owners to be familiar with their rights and how to protect those rights. Property owners have the right to fair notice and a hearing and they should know how to enforce those rights and the value of those rights.

The benefit of the different rights aggrieved property owners have protect them from an unlawful or unjust taking of property. Eminent domain is a significant power that the government has to take property from landowners for public use which is why the process should not be taken lightly and property owners should be familiar with how to protect their interests. The importance of the property owner receiving fair notice and notice of intent of the proposed taking allows them to seek legal advice and ensure that their interests are protected during the process.

Understanding what to do in a real estate dispute

Real estate litigation can arise in a variety of different contexts and it is important for those involved in a real estate dispute to know what to do. Real estate litigation can be complex with a lot on the line which is why landowners should be familiar with what to do in real estate litigation situations.

Real estate concerns and disputes that may lead to litigation can include boundary conflicts; easement interpretations and disputes; contract interpretations and disputes; enforcing purchase agreements; failure to disclose defects; title defects; and zoning and land use disputes. Title, land use and eminent domain concerns are significant concerns for landowners so they should be familiar with how to handle and address those concerns.

What is eminent domain?

Eminent domain is an area of the law that it is important for property owners to understand. It can have a significant impact on the rights of landowners, which is why they should ensure all of their eminent domain questions are answered and they know how to address concerns related to eminent domain that may come up.

Eminent domain involves the government taking private land for public use. At times, it may be possible to challenge the government's asserted use of eminent domain by asserting that the proposed use of the land is not for a public use. Examples of public use for eminent domain include maintaining public roads or utilities, as well as for expanding those services in some circumstances.

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Callan Law Firm
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Orlando, FL 32806

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Orlando Eminent Domain Office