Demanding What Property Owners Deserve

There are options when challenging eminent domain

| May 24, 2021 | Eminent Domain |

Residents of Orlando and other areas of Florida may be interested in learning about the options that are available when it comes to challenging an eminent domain announcement. If you receive an announcement of eminent domain, you may feel somewhat rattled and want reliable information about what you can do.

What is eminent domain?

It is the right of a government or its agent to seize private property for public use. The government or agent provides compensation to the owner of the private property. A state, province or national government may take private property for use by the public. It is a legal right of the government. However, challenges may arise. Someone who objects to the government taking his or her property may file a formal objection and be granted a hearing before the decision is final.

There must be justification

The government must justify seizing the property in question, or it will not be allowed. There must be an offer of equitable compensation for the property owner when announcing eminent domain.

Announcement of a notice of intent

Whatever the reason for the action, the government must serve a notice of intent. Negotiation of the price must be acceptable to the landowner. Included in the notice of intent is:

  • The property in question
  • The proposed use of the property
  • A dollar offer to purchase said property

Mediation

Before court action, extensive mediation may occur. If an agreement is not possible through mediation, a formal condemnation will follow.

Every state has a different procedure for these court hearings. Both sides will present their case. A landowner may object to the taking of his or her land as well as the compensation that was offered. Both sides may present witnesses.

Remedies

A landowner may request an injunction and monetary relief. If the government finds the challenge weak or motivated by financial gain, the landowner may be liable for any legal fees. Compensation is always required, however, in the case of eminent domain.

If you are facing an eminent domain issue or need information about real estate law, you may wish to consult a lawyer with experience and knowledge of this field. He or she may help you resolve, as well as litigate, a claim. An attorney may also assist with other real estate and property concerns.