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What types of properties can be seized under eminent domain?

On Behalf of | Feb 10, 2021 | Eminent Domain |

In the state of Florida, the government has a constitutional right to seize your property and convert it into land for public use. For example, if the government plans to build a new highway in your area, it might seize your property through the process of eminent domain. In this way, the government will take your property and give you financial compensation in return.

What types of properties can be seized under eminent domain?

Some states have laws about the types of properties that can be seized through eminent domain. In many states, it’s illegal to take privately owned cemeteries, gardens and orchards. However, the law doesn’t protect most types of private property.

Under the Fifth Amendment, states have the right to seize houses, vacant lots, fields, businesses and other privately owned properties. However, you have the right to argue for fair compensation. If the government tries to take your property, you could hire an eminent domain attorney to fight the case in court. You might be able to keep the property or negotiate for a fair amount that allows you to buy property elsewhere.

If your property has been abandoned or condemned, the government might take your property without providing compensation in return. The government can also seize your property if you’ve been breaking the law on the premises.

What should you do if the state wants to take your property?

The state might have the legal right to take your property, but that doesn’t mean you have to hand it over without a fight. An attorney could help you argue your case in court and potentially save your property. If you don’t have any other choice, your attorney could help you argue for a fair amount of compensation from the government.