Know Your Rights As A Florida Property Owner
In the U.S., the government can take your property under eminent domain laws, but the government has to respect your rights as a landowner and follow the proper procedures to take ownership of your property. In eminent domain cases, landowners can protect themselves and their hard-earned investments by staying informed and working with an experienced real estate and eminent domain attorney.
I am attorney Robert A. Schreiber, and I have been helping Floridians defend their property rights for decades. Call me at 305-371-6834 today to discuss your eminent domain concerns.
What Are My Rights?
You have a right to notification. If the government wants to appropriate part or all of your property, they are required to give you notice. This notice must include: 1) an offer of compensation based on an evaluation from an approved appraiser, 2) information on how much of your property will be appropriated and 3) the reason why your property is being taken.
The government needs the right reason to take your property. Eminent domain actions require proof that the appropriated property is necessary for public use. Additionally, the government has to justify the scope of the necessity. For instance, if the government says it needs to widen a highway, it likely does not need to appropriate all 28 acres of your farmland to do so.
You are entitled to compensation. Eminent domain laws entitle you to fair and just compensation for any land the government appropriates. Fair and just compensation is calculated according to the fair market value of the land. Initial offers may not consider relocation costs or decreased values of the remaining land in partial takings.
You have the right to contest a taking. You do not have to accept an eminent domain notice as an inevitability. If you do not believe that your property is necessary for public use, you can contest the government’s claim. You also have a right to contest the government’s appraisal of your property and work toward a compensation offer that better reflects the value of your property loss.
You have a right to representation. Eminent domain laws are complex, and defending against a potential action can be difficult on your own. In Florida, you have the right to representation from an attorney in any and all eminent domain proceedings.
Fight Back With The Help Of A Knowledgeable Attorney
As soon as you receive notice of an eminent domain taking, contact an eminent domain attorney. With time to prepare, an experienced attorney can draft legal strategies designed to protect your rights and help you obtain the best possible compensation offer.
From my office in Miami, I help clients throughout Miami-Dade County hold their own in eminent domain actions. Armed with decades of trial experience, I understand the methods appraisers and government entities use to manipulate compensation offers.
Through tax assessments, alternative appraisals and third-party expert opinions, we can work together to minimize the impacts of an eminent domain taking on your family, business or real estate investment. Call me in Miami at 305-371-6834, or send me an email through my online contact form.