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WHAT DO THE TERMS "EMINENT DOMAIN" AND "CONDEMNATION" MEAN?

The terms "eminent domain" and "condemnation" are often used interchangeably and refer to the government's power to take private property for a public purpose. The entity seeking to use its power of eminent domain is commonly referred to as the condemning authority.

 

 

WHO HAS THE LEGAL RIGHT TO TAKE PROPERTY?

The federal government, State of Florida, counties, and cities all have the power to take private property for a public use by eminent domain. Some utility companies also have condemnation powers; however, corporations and individuals do not have the power of eminent domain.

 

 

DESCRIBE THE EMINENT DOMAIN PROCESS

Absent an agreement to sell your property to the condemning authority, it will be required to file an eminent domain lawsuit to acquire the property it needs. However, before the condemning authority can file an eminent domain lawsuit, it must wait at least 30 days in an attempt to reach a settlement with you.  If you do not consent to the taking of your property, the condemning authority is required to present witnesses and evidence to a judge. If the court finds that the condemning authority has satisfied all of the legal requirements to take your property, the condemning authority will take title to your property once it deposits its "good faith estimate of value" into the registry of the court. Once the deposit is made, the case will be set for a jury trial before 12 jurors. Mediation will be ordered prior to trial to give the parties another opportunity to resolve the case.

 

 

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