Homeowners, Know Your Rights During An Eminent Domain Dispute

Eminent domain law is a seldom-discussed area of law

, especially in the public. Often times you hear dramatic stories about criminal defense and you see personal injury lawyers advertising on TV, but you dont hear much about eminent domain and people losing their property to the government. With that said, its easy to understand why homeowners and property owners are unclear about what their rights are in these situations.

As a residential, commercial, or agricultural property owner, it is the state of Floridas right to seize private property for public use but the owner of that property must be compensated. The owner does not have to agree on the amount of money proposed by the government.

The property owner has the right to be compensated fair market value for his or her land. An appeal process is available through the appropriate Florida District Court of Appeal. A land use or eminent domain attorney can walk you through the process of appeals, should you wish to pursue one.

Why would the government want to seize your property? In the state of Florida, known for its rich and vast agricultural production, eminent domain disputes are surfacing when it comes to building roadways, but also when it comes to public utilities such as water pipelines, power lines, and cell phone towers.

When it comes to power lines, electrical companies can work with you to ensure the new line doesnt damage your property and is compatible with your current property conditions.

You have the right to discuss these options before construction begins. You also have the right to seek outside assistance such as a lawyer and land use experts to pursue alternate plans and propose new ideas.

You have the right to testify as to how the seizure of your land or nearby land has impacted your life. Even if its not your land that was seized or impacted, things like increased noise, traffic, and decreased safety are all reasons for making a claim, contacting an attorney, and fighting the government.

How much can you expect to get? Depending on the appraisal, a large piece of land in Tampa may be valued at $300,000, but you can receive much, much more if the lot was sold for a new townhome, condominium complex, or other public works. Your best bet in this scenario is to find a land use lawyer who can work on your behalf to see that your land receives its proper value, and you receive proper compensation, not just for the burden it places on you now, but also on the future.

by: Laine McKenna

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