Florida Eminent Domain Litigation Attorneys
Eminent domain laws in Florida outline the power that government has to take private property and convert it to public property, and the procedures it must follow. Under the U.S. Constitution, property owners must receive “just” compensation from the condemning authority. Florida’s Constitution requires “full” compensation, which is usually measured by “fair market value” and, if only a part of your property is taken, any damages caused to your remaining property by the taking. Full compensation also includes payment of attorney’s and appraiser’s fees. It is highly advisable to seek immediate legal advice if your Florida property has been condemned to public use by the local, state or federal government. The eminent domain lawyers at Neill Griffin Marquis Osking, PLLC have years of experience helping Treasure Coast property owners pursue fair and just compensation for their property. Additionally, we navigate our clients through the complex process of claiming business damages for owners and tenants when available.
Why Do I Need an Eminent Domain Attorney?
If a government agency, such as the Department of Transportation, is conducting a Project Development and Environment (PD&E) Study, it is planning and analyzing a project which may impact your property. There will be Public Information (Open House) Meetings at which you can get some understanding of what is under consideration. Even early on, an eminent domain attorney can be very helpful in understanding the process and procedures and, importantly, helping you analyze the possible consequences of the project to you and your property.
Will the taking limit the usefulness or marketability of your property? Will it limit access? Affect drainage? Put you in non-compliance with zoning or land use restrictions?
The eminent domain attorneys at Neill Griffin Marquis Osking, PLLC will get involved at the outset without any cost to you. The government must pay you in full and pay us in addition.
Even if you haven’t received the Notice to Owner, the DOT document formally advising of its intent to take some or all of your property, let us get involved, get to know you and your property, and participate in engineering inspections and appraiser visits done by the condemnor.
Once the government appraisal is done, you will receive a formal written offer. At that point, the condemnor will advise you of certain statutory rights and tell you that it can file suit within 30 days if there isn’t a settlement. Don’t be alarmed by that—you can settle later and the Court process protects your rights—but, if you have not hired an eminent domain attorney, you should do so. You are entitled to have a hearing before the government can take your property, to question their planners, engineers and appraisers, to confirm on the record what they are doing with your property, and to have the Court determine whether the offer has been made in good faith based on a bona fide appraisal before there is any transfer of property. The Court typically approves takings; but, even after the taking is approved, higher settlements can be agreed and, if no agreement is reached, you have a right to a trial with a twelve person jury to determine the amount of full and just compensation.
Whether you need an attorney to pursue compensation under Florida eminent domain laws depends on your case. Has the government fairly valued your property and admitted the damage caused to your remaining property? Do you fully understand the effect of a partial taking? If you want additional compensation because the condemning authority gave you a low ball offer or ignored or discounted your damages, then an attorney can be very valuable. Hiring an experienced lawyer to assess and pursue your claim can result in you receiving more compensation than you may have anticipated. The attorneys at Neill Griffin Marquis Osking, PLLC offer comprehensive eminent domain legal assistance, including:
• Securing full and just compensation for taken property
• Evaluation and recovery of damages
• Challenging eminent domain rights of the condemning authority
• Inverse condemnation issues
• Constitutional rights violations or issues
With the above issues, it is better to have an eminent domain lawyer by your side than an inexperienced attorney. You probably have a good idea of the value of your property, but neither you nor an inexperienced lawyer will have experience maximizing full compensation and just value in the eminent domain context, identifying severance damages, or negotiating these sorts of claims. The truth is that the government benefits by your inability to fully identify issues and damages that lead to proper compensation.
How do I make a Business Damage Claim?
You may be entitled to business damages as the owner of a business located on a property that is being impacted by a partial taking for a right of way. Making a claim requires having been on the property for a period of time before the taking, and going through a procedure which requires you to gather extensive financial information, and to present a formal offer based on the financial information. The calculations and presentation necessary to convince the government to pay business damages are simply beyond what most people can do. The eminent domain attorneys at Neill Griffin Marquis Osking, PLLC, will retain an accountant to review the information and help present the claim.
Please be aware that there is a time deadline for making these claims. The Department of Transportation is required to give formal notice to a business owner. If you want to make a claim, you must submit a good faith written offer within 180 days of the notice and it must include 5 years of business records, so please contact us right away.
Contact Us—Treasure Coast Eminent Domain Attorney
Attorneys at Neill Griffin Marquis Osking, PLLC are ready to hear from you. Our knowledgeable and experienced eminent domain law attorneys can guide you towards the legal option that pursues your best possible outcome. Contact our Treasure Coast property rights and eminent domain law firm today at 772-464-8200. Our law firm proudly serves St. Lucie, Indian River, Martin & Okeechobee Counties, and also accepts cases in Palm Beach, Brevard, and Polk Counties and other counties through out the State.
