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, an experienced Jacksonville eminent domain attorney at Ansbacher Law can help.
We assist clients with:
Ansbacher Law has represented the following types of clients in eminent domain cases:
Private property rights are given special protection in Florida under the Florida Property Rights Act. “Takings” which refers to the exercise of government regulation such that all valuable use of a property are 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 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 also pay for the landowner’s attorney’s fees. The government must also pay for the experts hired to assist the landowner in the process, typically an appraiser and traffic engineer.
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 never a reason to negotiate an eminent domain action or take cases without the guidance of an experienced board-certified real estate lawyer. It costs you nothing and can potentially save you tens of thousands of dollars.
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 stationary, 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 ensure you are fairly compensated for the damage a taking may do to your business. As attorneys’ fees for these damages are not paid by the government entity, unlike damages arising from the taking of the real property, 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. The legal fees are paid for by the government in such cases so there is no cost to obtain valuable legal assistance.
Contact us today for additional information or to arrange a consultation with an Ansbacher Law attorney.