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Information
What
Is Eminent Domain?
Eminent domain
(also called condemnation) is the process which allows
the condemning authority to take property which is
considered necessary for certain projects so long as the
government pays just compensation.
Eminent domain projects may include road-improvements,
schools, public parks, and stormwater facilities.
Most commonly, the condemning authority will acquire
land for public improvements projects such as road
widenings.
A key attribute of eminent domain is that the government
can exercise its power of eminent domain even if the
owner does not wish to sell his or her property.
The Fifth Amendment of the United States Constitution
allows private property to be taken by eminent domain
only for a public use. This would mean that the project
need not be actually open to the public to constitute a
public use. Instead, generally only a public benefit is
required.
What Does The Condemning Authority
Do?
If the property
is identified as being within the required right-of-way
for its current project, the condemning authority will
notify the property owners and tenants.
The condemning authority will perform a survey for the
right-of-way to be acquired. A
representative of the condemning authority will perform
a site inspection of the property.
The condemning authority will then appraise the property
to be acquired and file for an Order of Taking,
sometimes called an OT.
The OT is a legal proceeding in which the condemning
authority seeks approval of the proposed acquisition.
If the Court rules in its favor, the condemning
authority will deposit an amount equal to the appraised
value in an account for the property owner. These funds
may be used immediately by the property owner.
Property Owners' and
Tenants' Rights
In addition to the condemning
authority's appraisal, the owners/tenants are entitled
to have an independent appraiser and attorney represent
their interests.
It is wise for tenants to have separate representation
from the property owner.
Florida law requires the condemning authority to pay for
your legal, appraisal, and other expert fees (such as
engineers or surveyors), in addition to and separate
from any settlement you receive.
Generally, all fees are
paid entirely by the condemning authority and
not by
the owner.
Once the Order of Taking occurs, the owner's team of
experts can begin to evaluate the adequacy of the offer
made by the condemning authority.
The expert's work may include the
feasibility of the proposed cures or mitigation plans,
estimates of the value of the owner's real estate, and
any damages that might result from the condemning
authority's project.
From time to time, the property owner may need to
provide input to the attorney and the team of experts.
The attorney, appraiser, engineer, land planner, and
accountant, likewise, will attempt to keep the property
owners abreast of progress.
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