You have rights in an eminent domain case

| Jun 19, 2020 | Firm News |

The government has the right to use eminent domain to acquire private property for a public purpose. That could be for roads, utilities and other projects through eminent domain. That may seem like a great way to improve the community, but you might not want to turn over your property.

To take the property, the government must intend to use it for public use and offer fair compensation. In Florida, eminent domain cannot be used by a private company to take property unless it is for infrastructure improvements. It cannot be used to take properties labeled as public nuisances.

You might have legal recourse if your property is being taken through eminent domain.

Florida established a bureau to handle legal difficulties

In 1990, Florida established an Eminent Domain Bureau. It was started as a legal resource for government agencies in eminent domain cases. The process requires a “public purpose” and “full compensation.” That creates potential challenges to its use.

You can challenge eminent domain if you can prove:

  • The project was not for the public good.
  • You did not receive maximum compensation for the property.
  • Eminent domain is being used to remove a public nuisance.

The Fifth Amendment protects your property rights

According to the U.S. Constitution, private property cannot be taken “for public use without just compensation.”

Your defense could depend on how the court determines public use.

You have the right to ensure the eminent domain is appropriate

The government has the right to use eminent domain. If you are being challenged by eminent domain, there are possible legal actions. You have rights and there may be ways to challenge eminent domain.