Before an Eminent Domain case can be filed and served against a property owner, the governmental or quasi-governmental entity taking the land, also known as the condemnor, must follow several requirements.
In certain cases, especially if the taking is for a road, the condemnor must conduct and provide a survey of the existing and proposed right of way lines. Further, the condemnor must state in the Petition for Eminent Domain that they are planning on using the area that they will take. The purpose of this provision is so that government can only use its eminent domain power where it is needed.
An Eminent Domain proceeding is one of the most serious proceedings that can happen in Florida courts, as it is a proceeding where the government can take an owner’s property away. It is important to hire counsel as soon as possible in the process to ensure that your rights are being protected and that you receive the full value of the property the government is taking.
Finally, please remember that an Eminent Domain attorney is paid for by the government at no cost to you. If you have any questions about the information in this article or need to discuss an eminent domain legal issue, please do not hesitate to contact me.
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