Eminent domain is the taking of property by the government. Almost anything the government needs to build roads, schools, parks, hospitals, power lines, sewage, and a number of other government-funded public projects is all subject to eminent domain. Condemnation is the formal exercise of eminent domain to transfer property from private ownership to government ownership. When the government decides to take over your land or property, our experienced Florida eminent domain attorneys at Ansbacher Law can help.
Florida Lawyers Handling Eminent Domain Issues
We assist clients with:
- Negotiating purchases and easements
- Eminent domain and condemnation litigation
Ansbacher Law has represented the following types of clients in eminent domain cases:
- Restaurants
- National oil companies
- Homeowners
- Developers
- Retail stores
- Condominiums
- Apartments
- Shopping centers
- Warehouses
- Office buildings
- Places of worship
Your Rights As a Property Owner in Florida
Private property rights are given special protection in Florida under the Bert Harris Act. “Takings,” which refers to the exercise of government regulation such that all valuable use of a property is lost, are compensable in Florida, in addition to compensation on account of the formal exercise of eminent domain power. A lawyer is necessary to secure fair compensation when the government restricts the use of land so severely as to deny any economic use or in response to a formal complaint to take land under eminent domain. In addition, the State of Florida enacted the Bert J. Harris, Jr., Private Property Rights Protection Act in 1995, to compensate private landowners when a law, regulation, or ordinance inordinately burdens, restricts, or limits private property without amounting to a taking under the State Constitution or the U.S. Constitution.
In Jacksonville and throughout the state of Florida, the government, when exercising eminent domain authority, must pay the landowner (or tenant where applicable) fair compensation for the property loss and must also pay the landowner’s attorney’s fees as provided in section 73.092, Florida Statutes, which bases the award on the benefits achieved for the owner above the condemning authority’s last written offer. The government must also pay for the experts hired to assist the landowner in the process, typically an appraiser and traffic engineer.
Eminent Domain Attorneys in Jacksonville, Fl
At Ansbacher Law, our attorneys accept eminent domain and takings cases on a contingency fee basis. This means you owe no costs or fees unless you win. Attorneys’ fees are paid in addition to your award and do not reduce the amount you receive. Accordingly, there is rarely a reason to negotiate an eminent domain action or take cases without the guidance of an experienced board-certified real estate lawyer.
In addition to compensation you receive for the real estate property, you may have an entitlement to payments for business damages, including relocation expenses, changes in stationery, and expenses to make your new location fit your needs. An individual’s or business’ rights to these damages vary depending on a myriad of factors. We are here to guide you through these issues to help you obtain fair compensation for the damage a taking may do to your business. Attorney’s fees attributable to business damages are calculated differently from fees attributable to the taking of the real property, so it is important that you are represented by a knowledgeable attorney who can protect your rights efficiently and aggressively.
Ansbacher Law has experience successfully prosecuting cases under the Bert J. Harris, Jr. Private Property Rights Protection Act and defending landowners in eminent domain proceedings.
Contact us today for additional information or to arrange a consultation with an Ansbacher Law attorney.