Steadfast Representation In The Face Of Government Takings
An eminent domain action can take several forms in Florida, each with unique impacts on the value and usability of the affected property. I am Robert A. Schreiber, an eminent domain and real estate attorney in Miami, Florida, and I have been protecting the rights of property owners for decades.
Understanding The Types Of Takings
Complete taking: A complete taking occurs when an eminent domain action purchases an entire property. In these situations, the government takes full ownership, meaning that the landowner would have to relocate and would be considered a trespasser if they accessed the land without permission after the agreement has been finalized. Compensation for a complete taking may include the costs of moving.
Partial taking: A partial taking occurs when the government takes a portion of a landowner’s property. In some cases, a partial taking causes a decrease in value for the remaining land left in the owner’s possession.
For example, if the government makes an eminent domain action against a business and purchases the portion of land that contains the business’ parking lot, the business will decrease in value because of its newly restricted access. Compensation for these decreases in value are known as severance damages.
Right of way: A right of way taking is technically a type of easement. In a right of way agreement, the landowner allows agreed-upon parties to travel through their land as if it were public land. These agreements restrict access to a certain portion of the property. Right of way is often used by the government to improve infrastructure or public works through new roads and utility lines.
As with any eminent domain action, the landowner would be entitled to compensation for the restrictions placed on their property as a result of the right of way taking.
Temporary taking: In a temporary taking, the government takes full ownership of a property for a predetermined period of time with the understanding that the landowner will regain full ownership at the end of the lease. Since temporary takings can significantly impede or halt business operations altogether, business landowners who have experienced a temporary taking may be entitled to damages for the economic loss they endured as a result.
Are You Facing An Eminent Domain Taking? Call Me Today
As a property owner in Florida, you are entitled to certain rights in eminent domain takings. To ensure that you receive fair and just compensation and that your property has not been wrongfully taken, schedule a free consultation with me by calling 305-371-6834 or sending me an email.