Residential
A house is more than just a building, it is your home. It is your place of security and where your kids play. It is where you sleep, where your close relationships and friends are, and often a convenient location to work or school. The unexpected requirement to move your whole life should not be minimized. Moving is already a stressful process in general, but being forced to move brings on a whole new level of stress.
This is why having a proper legal team is necessary to help you get through this time, and also obtain the highest compensation possible. You have a right to representation by an attorney and the assistance of other professionals at no cost to you. If your residential property is being affected by eminent domain law, please contact us today for a free consultation.
Commercial
Commerical properties are frequently the target of eminent domain. In most cases, as a commerical property owner you have even more to lose because you are dealing with not only loss of property but also the loss of rental income. You may also operate a business on the site in which case you have business damages to consider as well.
Just as with residential property, you have the right to proper representation at no cost to you. The condemning authority must compensate you for not only your property but also for your legal fees. It is important to have Policastro Law Group, a proven team driven to succeed, by your side throughout the entire process to ensure you get the compensation you deserve.
If your commercial property is being affected by eminent domain, please contact us today for a free consultation.
Your Rights
The condemning authority has rights when it comes to eminent domain, but so do you. It is important that you know those rights and work with a lawyer who has the resources, experience, and tools necessary to get you the highest compensation. Eminent domain is confusing and unexpected, and you deserve only the best representation throughout the process. You are dealing with a situation that is in no way a fault of your own. It is your constitutional right as a property owner in the state of Florida to be properly represented and at no cost to you.
Once the public works project is approved, and the property needed for the public works project is identified, the condemning authority hires a real estate appraiser and other experts to conduct a site inspection. They will then complete an appraisal report that will value the property identified for the project. Policastro Law Group attends site inspections with their clients.
Based on the appraisal report, an offer to purchase the property is then made to the property owners (you) by the condemning authority. After the offer is made, there is a waiting period of at least 30 days to file a lawsuit to condemn the property. In order to take the property, the condemning authority must prove to a circuit court judge:
- Public Necessity
- A Good Faith Estimate of Value
If the judge finds public necessity and a good faith estimate of value exists, the title is then transferred to the condemning authority. Within 20 days of the judge’s signed order, the condemning authority will then deposit its good faith estimate of value into the court registry.
Without prejudicing your right to seek additional compensation, you are entitled to withdraw the condemning authority’s deposit. You can retain your own experts to defend you in the eminent domain action, and the condemning authority is responsible for the payment of all reasonable costs incurred by you.
Mediation is mandatory in Florida for eminent domain cases prior to trial. Mediation is typically a full-day, in-person event attended by the parties and their attorneys. It is conducted by a neutral eminent domain attorney acting as mediator, whose role is to facilitate negotiations but who does not have authority to impose a settlement on the parties.
If mediation is unsuccessful, the matter is resolved by a 12 person jury. The jury verdict determines the final compensation awarded to you.