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Eminent domain and protections for property owners

On Behalf of | Nov 7, 2018 | Eminent Domain |

There are many things people here in Florida could face in relation to the real estate they own. This includes eminent domain actions.

Eminent domain involves the government taking private property to put it towards a public use. This government power can understandably have very big impacts on property owners.

It is important to know that there are various protections for property owners when it comes to this government power.

One such protection comes from the U.S. Constitution. Under the Fifth Amendment, the government can only take private property through eminent domain if it gives the owner just compensation.

And there are various other protections for property owners in relation to eminent domain. This includes those coming from state law. Here in Florida, there are numerous rules and requirements placed on government entities when it comes to pursuing eminent domain actions.

For one, there are rules on what such entities are required to do before they can pursue an eminent domain proceeding. This includes requirements to make a good faith effort to negotiate compensation with the property owner, to provide the owner with a written compensation offer and to make certain notifications to the owner.

So, when Florida property owners learn that a government entity is interested in acquiring their property for a public use, it is critical for them to have an accurate picture of what rights and protections they have. Skilled eminent domain attorneys can provide property owners with such a picture and help them with responding to eminent-domain-related actions taken by a government entity.