Most land owners in Central Florida are aware of the state's power to force them to sell their property to the state, but they are often unaware of the details of the process until their land becomes the focus of the eminent domain process. Florida's eminent domain laws say that the state or one of its political subdivisions, such as a city, can compel a landowner to sell the land for its fair market value if the state or municipality has identified a proper public purpose for the acquisition. The intersection of the Great Recession in 2008 and the decision by the City of Cape Coral to build a new park have placed one landowner in a very difficult situation.
Is the government going to take my property?
Eminent domain, despite being a legal tactic used by the government, is still something that often feels a bit out of place in the United States. There is such a focus in Florida and all over the country on the idea of personal freedom, personal ownership and personal rights. Eminent domain seems to fly in the face of these American ideals.
