The City of Gainesville, Alachua County, the Florida Department of Transportation, and Gainesville Regional Utilities can all take private land for public use under state and federal eminent domain laws. However, these entities must justify taking your property and offer fair compensation.
If a government entity marks your home, business, or land for seizure due to eminent domain, a Gainesville real estate lawyer with Bogin, Munns & Munns can assist you. We will represent you throughout eminent domain proceedings, protecting your rights and financial future. Contact us today.
What Is Eminent Domain?
Eminent domain, also called condemnation or expropriation, is the power granted to the government by the Fifth Amendment of the U.S. Constitution and Article X Section 6 of the Florida Constitution to take private land for public use. Our litigation and trial lawyers in Gainesville are here to listen to you and address your individual needs. When you’re in need, you want to work alongside a firm with a vast knowledge of personal and commercial law in Gainesville.
While the definition of “public use” varies from state to state, Florida Statutes Chapter 73 and Chapter 74 outline how government entities in Florida can use eminent domain to take property for “a public purpose,” such as to construct the following:
- Common carrier services or systems
- Public rights-of-way and easements
- Public or private utilities, including water, electricity, telephone services, and stormwater runoff systems
- Public infrastructure, including roads, bridges, hospitals, schools, and parks
To consult with an experienced eminent domain lawyer serving Gainesville
855-780-9986
Your Rights Under Eminent Domain Laws
An entity can only confiscate your property under eminent domain after first justifying that taking your property is a public necessity. Then, it must compensate you fairly for taking your property. Compensation should include the value of the land, homes, and structures on the property and rights to resources like minerals, oil, crops, and waterways.
Florida Statutes § 73.013 essentially eliminates the practice of creating a commercial enterprise for the public good because it increases the local tax base. Instead, Florida law requires public authorities and government entities that use eminent domain to retain possession of the property for at least 10 years. The state also prohibits using eminent domain to address blight or public nuisances.
Recent Problems With Eminent Domain in Gainesville, FL
The recent passage of HB 1645 has given the governing authority of Gainesville Regional Utilities to an unelected board of Governor’s appointees. The creation of the board has led to legal challenges, including complaints of unfair use of eminent domain.
If you believe Gainesville Regional Utilities or another entity has improperly used eminent domain to infringe on your rights, speak with our Gainesville eminent domain lawyer about your legal options. Schedule a consultation with Bogin, Munns & Munns today.
Gainesville Eminent Domain Lawyer Near Me
855-780-9986
Our Eminent Domain Lawyers Can Fight for Your Rights
Our law firm can assist with your eminent domain case by challenging a public purpose designation or fighting monetary offers that do not provide just compensation.
Challenges Based on Public Purpose
Entities that want to use condemnation proceedings to take your property must prove that doing so is a public necessity. Our eminent domain lawyers serving Gainesville can refute this claim.
We can establish that the authority or entity’s reasons for taking your property do not meet the constitutional or statutory thresholds defining public purpose. We might also build a case proving how the creation of the proposed road, utility, or infrastructure can occur without acquiring your land.
Challenges Based on Just Compensation
According to the Florida Department of Transportation (FDOT), the entity that wants to use eminent domain to take your property must offer you compensation “not less than our estimate of your property’s value.”
We can challenge an authority’s offer and establish their offer does not meet the constitutional standard of “full compensation.” We will help you secure the full and fair value of your property and compensation that accounts for the impact taking your land will have on you, your family, and your future.
Our Legal Team Will Build Your Eminent Domain Case
Eminent domain laws are complicated, but you do not have to act alone. Instead, our real estate attorneys can do the following to protect your property and rights:
- Investigate the entity’s claims of public use
- Determine whether eminent domain is necessary to complete the proposed infrastructure project
- Determine whether the entity followed state and federal laws regarding eminent domain and the timely notification of property holders
- Hire and consult appraisers and other experts to establish your property’s value
- Prepare and file case-related paperwork
- Track and manage deadlines
- Communicate with involved parties
- Aggressively negotiate for the maximum compensation possible for your property
- Take your case to court and represent you at trial if necessary
Our Trial and Litigation Lawyers Have Over 40 Years of Experience
Our law firm has represented clients across Florida for over 40 years. We have offices in Gainesville and know and understand this vibrant community.
Our team will always treat you with respect, dignity, and fairness as we fight to get your desired results.
Can You Afford an Eminent Domain Attorney?
FDOT states that if you must hire a lawyer to represent you during eminent domain proceedings, the entity taking your property must pay reasonable attorney fees and legal expenses. In addition, our law firm always strives to offer quality services at an affordable price.
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You Have a Limited Time to Challenge Eminent Domain
Once you receive notice of a property condemnation due to eminent domain, you usually have 30 days to negotiate fair compensation. If you cannot agree with the taking entity on a price, the authority will initiate litigation.
Our Gainesville eminent domain lawyers will seek an advantageous pretrial resolution through negotiations or mediation. However, we will not back down if we must take your case before a jury. Additionally, we will review your case and ensure you act before important deadlines expire.
Contact Bogin, Munns & Munns About Your Eminent Domain Case
Your property rights are too important to leave up to chance. Let Bogin, Munns & Munns put its legal experience and real estate knowledge to work for you. Contact us today to schedule a consultation with our Gainesville eminent domain lawyers.
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