Eminent domain is a legal process through which a government entity takes the property of a private owner. Often, residential properties are impacted by eminent domain proceedings. However, Florida businesses can also suffer losses when eminent domain proceedings are initiated against them.
This post will review eminent domain and what options businesses have for protecting their commercial properties from takings. As with all the posts on this blog, no part of this post should be read or used as legal advice. All questions about eminent domain in the context of commercial property takings should be directed to real estate lawyers.
The basics of eminent domain
The legal grounds for eminent domain are found in the Takings Clause of the 5th Amendment. According to this clause, the government may not deprive a property owner of their property for anything other than public use and must provide them with just compensation for their loss. A commercial landowner may challenge an eminent domain proceeding on any or all of these legal grounds.
Steps to take when eminent domain threatens a commercial property
When a business or commercial property owner receive notice of an eminent domain proceeding, they can choose to contact a real estate attorney for support. Eminent domain cases are not always easy to win, but individuals facing takings of their property by the government can do themselves favors by aligning themselves with professionals who know and work within the relevant property laws.
Building a case against an eminent domain proceeding takes an understanding of the law and a firm grasp on all possible and available facts in the case. It is not always possible for commercial property owners to manage these important matters on their own. Lawyers who work in this field can help their clients stay on track to do their best to protect their property interests.