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INVERSE CONDEMNATION-KNOW YOUR RIGHTS

While condemning authorities across Florida routinely acquire property to widen roads, on some occasions they refuse to acknowledge that their actions have resulted in a taking of private property.  Saxon Gilmore's attorneys recently obtained a settlement on behalf of a property owner in South Florida where the condemning authority installed curbing which blocked all access to its property.  If you are interested in obtaining additional information about your rights, contact Saxon Gilmore today.

 

CAN THE CONDEMNING AUTHORITY TAKE MY ENTIRE PROPERTY IF IT ONLY NEEDS A PORTION OF THE PROPERTY?

No, the condemning authority can only take the property that it needs.

 

HOW MUCH MONEY AM I ENTITLED TO FOR THE TAKING OF MY PROPERTY?

Article X, Section 6(a) of the Florida Constitution mandates that you are entitled to receive "full compensation" for the taking of your property. How much money you will be entitled to will be determined by a jury in the event that the parties are not able to reach a settlement.

 

WILL I RECEIVE ANY LEGAL NOTICES BEFORE MY PROPERTY CAN BE TAKEN?

Yes, the condemning authority will be required to notify the fee owner and business owner of the proposed condemnation action. The notice will be sent by certified mail or hand delivered. The notice must also meet certain legal requirements. It is important to provide this information to your attorney as soon as you receive it.

 

AM I ENTITLED TO COMPENSATION FOR THE TAKING OF MY PROPERTY IF I RENT THE PROPERTY?

It depends. Under Florida law, a tenant has the same Constitutional protections as the fee owner. However, the issue of whether you are entitled to receive compensation for your leasehold interest will depend on the terms of your lease. In some circumstances, the lease has a condemnation clause that provides that all compensation for the land taken and damages to the remainder property is assigned to the landlord. If the lease does not address the issue of condemnation in the lease, generally, the compensation will be apportioned between the tenant and the landlord.

 

WHAT ARE THE REQUIREMENTS FOR MAKING A BUSINESS DAMAGE CLAIM IN AN EMINENT DOMAIN CASE?

• The condemning authority is a public body.

• The taking must be for right-of-way.

• The taking must be a partial taking of the owner's property.

• The business operating on the property must have been established for at least 5 years.

• Conducting business on the remainder property.

 

WILL I NEED TO DISCLOSE MY BUSINESS RECORDS TO THE CONDEMNING AUTHORITY IN ORDER TO MAKE A BUSINESS DAMAGE CLAIM?

Yes, however, under certain circumstances, the condemning authority will be precluded from providing your business records to the public.

 

HOW MUCH TIME DO I HAVE TO MAKE MY BUSINESS DAMAGE CLAIM?

Florida law provides that you have 180 days from the date you receive the condemning authority's legal notice to make your business damage claim. Based upon a showing of "good cause", the judge may extend this deadline.

 

CAN I SELECT THE EXPERT WITNESSES I WANT TO USE ON MY CASE?

Yes, but your attorney is usually in a better position to know which experts are appropriate for your specific case.

 

WHEN SHOULD I HIRE YOUR FIRM?

As soon as you become aware that your property or business is going to be taken.

 

CALL NOW 866.553.3272