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Widerman Malek Law Blog

What Is the Bert Harris Private Property Protection Act?

Florida is one of the only states in the U.S. that has a statute that gives a cause of action to a property owner when the state or local government takes an action that reduces the value of a property. This occurs by interfering with an existing use or a vested right without that government […]

Ensuring Your Temporary Injunction Is Not Too Temporary

Recently, the Fifth District Court of Appeal delivered a decision that will affect how parties obtain a temporary injunction from the trial court after a default judgment. In Howell et al. v. Orange Lake Country Club, Inc., the trial court granted a default judgment against the defendants after striking their pleadings. After the default judgment, […]

Three Methods of Determining Fair Market Value in Eminent Domain

Eminent Domain The purpose of an eminent domain action is to compensate the property owner properly for the property that the government is taking for public use. It is important to understand the different ways that the property that will be taken is valued. There are three main methods that real estate appraisers customarily use […]

Is Your Commercial Property Value Appraised too High by Your Local Property Appraiser?

August is approaching, and along with everything else that is currently impacting our lives, that means your local property appraiser will be mailing out proposed property taxes (TRIM Notice). Last year, I wrote an article about the process for challenging the property value appraisal of your property before the Value Adjustment Board. Last month, the […]

Types of Joint Property Titles and Protecting Your Financial Interests

For better or worse, in an economic crisis real estate often becomes a leading topic of interest, especially for existing property owners and potential owners. Whether you currently own property or are interested in purchasing property that becomes available, understanding the property title is important. It can be even more crucial when the property is […]

Florida Stay-at-Home Order Issued by Governor to Combat COVID-19

On April 1, 2020, Florida Governor Ron DeSantis issued Executive Order 20-91, putting in effect a stay-at-home order to all of Florida that begins at 12:01 a.m. on Friday, April 3. The full executive order can be found here. Executive Order 20-91 requires both senior citizens and those with underlying medical conditions to stay at […]

What Is the Purpose of a Lady Bird Deed?

Many individuals wish to pass their property down to their heirs without probate. One way to do this is with a life estate deed where the owner retains possession of the property while they (or another person) are alive, and then another person becomes the fee simple owner of the property. However, this type of […]

What to know if the government contacts you about buying your property

Recently, the Space Coast Transportation Planning Organization announced the road construction priorities in Brevard County. These upcoming projects include widening Ellis Road in West Melbourne, widening State Road 528 (the Beachline) from Industry Road to Port Canaveral, widening Clearlake Road in Cocoa from Michigan Avenue to Industry Road, improving the intersection of 192 and Hollywood/Evans […]

Property taxes too high? How to use your county’s Value Adjustment Board to ensure you’re not paying too much

Are your property taxes just too high? Do you think that your home is overvalued on the tax rolls? You may be able to challenge the value of your home in front of your county’s Value Adjustment Board. If you received your TRIM notice from the Property Appraiser and believe your property is valued too […]

What you need to know prior to a Rezoning, Variance or other local government public hearing

In Florida, there are two types of hearings that a local government can have. Both of those decisions carry different standards of review and different methods of conducting these hearings. These hearing types are legislative and quasi judicial. It is important to note that the form of the local governmental decision does not control whether […]

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