Understanding the Rights You Have Under Eminent Domain as a Property Owner
As a property owner, you do have rights when it comes to eminent domain and the power of the government. Condemnation or eminent domain is the power that the government has to obtain a piece of property for public use. The caveat to this law is that the government is required to pay the property owner what is considered to be fair market value in exchange for that property. There really are no limits as to the type of property that can be obtained via eminent domain. The property could range from land to real estate. It could also include things such as vehicles and even intangible assets such as a trademark or a brand.
So what rights do property owners have in an eminent domain case? Just because the government has begun the process of trying to obtain your property does not mean that you just have to bow down to their wishes. You do have some rights that can help you get a fair shake when it comes to the process of negotiating the fair market value or your property or contesting the eminent domain law entirely. Let’s take a closer look at some of the rights of citizens in Florida.
The Right to Fair Market Value
The biggest right that a property owner has when it comes to eminent domain law is the right to fair market value for their property. The government does not have the power to dictate on its own what they consider to be fair market value for your property. It can be beneficial to do some research on your own to try and determine what you think the fair market value is. For real estate or land, an appraiser can be brought in independently to help you get to this number.
Typically at the start of an eminent domain case, the government is going to make you an offer that you determine to be far below expectations of what you consider to be fair. You do not have to accept this first offer. Do not be afraid to stand up to the government and to negotiate to get to the point where you believe you are getting a fair amount for the property that you are giving up.
The Power to Have Proper Representation
The power to get proper representation is also a major right for citizens of Florida. The state laws when it comes to eminent domain do vary as you go across borders. The laws in Florida as they relate to eminent domain are going to differ from California, Massachusetts, and so on. Having a quality eminent domain lawyer by your side that is going to represent you will give you a much better chance at getting the outcome that you want in your eminent domain case. This could be everything from getting fair market value for your property to trying to contest the eminent domain claim in full.You do have the right to get an eminent domain attorney whom is an expert in the field and is willing to help you.
Being Able to Challenge the Eminent Domain Law
The last big right when it comes to eminent domain law is that you do have the ability to contest the claim made by the government for your property. Outside of fair market value, the government also has to be able to prove that your property is absolutely necessary for public use. If you do not believe this is the case, you do have the ability to contest the eminent domain claim that the government has laid down. Having an attorney by your side that knows the best way to property contest an eminent domain claim will give you your best chance at success. Understanding that you do have the ability to challenge the claim of the government is a pivotal right to know, though.
Citizens in the state of Florida do have some considerable rights when it comes to eminent domain law. The property that you own, whether it be real estate, land, or something else, can be protected by being aware of the rights that you have and having an eminent domain attorney that knows the law in and out. After it is all said and done, having the knowledge of what you are entitled to in an eminent domain case will give you a much better chance of having an outcome that you consider to be fair.