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Can Florida seize your property through eminent domain?

On Behalf of | Mar 10, 2021 | Real Estate Law |

The term “eminent domain” may strike fear in to the hearts of homeowners and real estate investors alike. Eminent domain is the legal process that allows the government to take your property and use it for another purpose.

If the state has a valid claim to initiate eminent domain proceedings against a property, the original owner usually cannot stop it.

How does eminent domain work in Florida?

For a property to be subject to an eminent domain action, the project must be for the benefit of the public. The construction of new infrastructure, like highway overpasses, might result in eminent domain proceedings.

Developers or project managers may try to initiate voluntary sales with homeowners. They should offer reasonable prices to those who own property that will become part of the project. If there are people who won’t voluntarily sell, then the condemnation process starts.

Condemnation is the formal process through which the government seizes a property and makes it the possession of the developer handling the project. The property owner can expect to receive fair market value offer for the price of their property.

Why you need legal help in an eminent domain situation

While it’s typically not possible to save your home from condemnation related to eminent domain in Florida, you may be able to push for a fair offer and more reasonable compensation for your loss. You may have to fight back and show why the amount offered doesn’t reflect your investment in the property.

Getting legal help when handling eminent domain claims against your property can make it easier for you to understand your rights and ensure that you have someone negotiating on your behalf.


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