Can Government Take Over Your Real Estate Property in Florida?
Can Government Take Over Your Real Estate Property in Florida?
Are you wondering if there are any circumstances when the government can take over your real estate property in Florida? Sadly, there are certain situations when the government can take over your real estate property even when you don’t intend to sell, lease, or let go. This scenario is allowed under the “eminent domain” in the fifth amendment.
What is Eminent Domain?
Eminent domain is the legal right that allows the government and its entity to take over your property and use it for public purposes. However, the government has to provide enough proof that the property will be used solely for public purposes. The government will also make a fair value offer for the property as “just compensation.”
In Florida, the government can exert eminent domain to acquire properties that would be converted into public infrastructures. Such projects include rails, highways, roads, schools, and other public buildings. Although in most cases, property owners have little or no influence to stop the process, and they retain certain rights under Florida Law.
Protect Your Rights and Real Estate Property with The Right Representation
As much as property owners do not have significant influence in eminent domain, they retain certain rights that can be duly exerted with proper representation. One of these rights is that the government must prove that the mapped property is for public use. Also, the government must offer fair compensation and cover the property owner’s legal representation fees. They also cover other essential costs for settling the eminent domain case.
Once your property is mapped for a government takeover, you have the right to full legal representation. Your real estate attorney can help to ensure that all your rights and interests are duly protected under the law.
Interestingly, eminent domain cases do not work contingency fees, which means you don’t have to pay the attorney a certain percentage of your compensation. Instead, the attorney fees are awarded separately.
Negotiations and Settlement
As long as you and your attorney can estimate your property and its role in the government’s project, you can negotiate a fair settlement. Sometimes, the first government offer might be fair enough, and your attorney advises you to take it. In other cases, you might have to re-negotiate for a fairer deal to cover the losses. Either way, hiring an experienced and skilled real estate attorney is essential to get the best possible outcome.
Unlike regular property sales, where buyers can walk away, the government can file a condemnation suit for the property if there is no concrete agreement. This suit allows the jury to determine the value via trial. In most of these cases, the government is required to pay the value of the jury’s appraiser. The jury might also award an additional amount to ensure the compensation is full and fair.
