Understanding Eminent Domain

An eminent domain case usually starts before the case is filed in the courts. The state agency or the private company that has given the power of Eminent Domain through the Florida Statutes will usually contact the landowner and try to negotiate a purchase price for the property well in advance of the government or the takers attorneys getting involved. At this stage, it will be necessary for the landowner to contact an attorney. What is said to the condemner at this stage of the process could be used against the land owner at a later point.  

What Two Conditions Must Be Met for Eminent Domain?

In Eminent Domain, there must be a public purpose for the taking, and full compensation must be provided to the Property Owner. A public purpose is very broad under federal law; however, Florida voters amended the Constitution so that private property could not be taken by the federal government and given to another private landowner. In other words, a higher tax base is not a public purpose. Full compensation also must be paid to the landowner. In other words, the landowner must be put in the place as if the government had not taken the property.  

Types of Eminent Domain?

Eminent Domain can take full ownership to the full property, or fee simple ownership, or it can take a portion of the property in fee simple, or just an easement over or under the property. This all depends on the purpose and scope of the reason for Eminent Domain. It is essential to contact an attorney early as they will know about the project and what kind of taking may be done as the government begins determining its plans.  

Early Resolution: Nathan Meloon

Contact Nathan Meloon if you think the government is trying to establish an eminent domain case toward your property. Nathan provides early protection against the dollar amount you can recover. He represents his clients during litigation in drafting and arguing procedural and dispositive motions, as well as conducts trials and evidentiary hearings.