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How a Florida Attorney Can Help You in an Eminent Domain Case

By on Jan 2, 2015 in Uncategorized |

No one wants to try and go toe-to-toe with the United States government or the Florida state government, no matter how brave or confident they may be.  It is always beneficial to have an expert by your side to act as an asset in your best interest.  This expert, in the situation of an eminent domain case, is an attorney.  The government can be scary, but they do not have to be.  The power that the government has through eminent domain can be countered by having an attorney that is going to stand by your side and stand up for you with the law as his or her crutch.

Eminent domain is quite a scary proposition for Florida property owners.  Through eminent domain, the government has the ability to seize land for the public use.  All that needs to be proven is that the property is needed for public use and they have to pay fair market value for it.  Beyond that, everything is up for grabs.  This can include tangible property, as well as intangible property.  You could own intellectual property that the government may determine that they need and they could seize it, paying only fair market value for it.  Having an attorney by your side in these types of cases can assist you in more ways than one.

Using the Law to Your Advantage

The government may appear as though they hold all of the power.  As a citizen of the United States and the state of Florida, though, you also have a great many rights.  The unfortunate thing, though, is that you are not an expert of the law.  An eminent domain attorney is going to be able to come in and explain to you the applicable federal and state laws that are going to come into play with your particular eminent domain case.  Every state has different laws as it pertains to eminent domain and being able to know the ins and outs of those laws is extremely important.

Navigating an eminent domain case means knowing all of the procedures that are going to take place, where you have rights to fight back against the government, and so on.  An experienced eminent domain attorney is going to have the in-depth knowledge that is necessary to know the nuances of your case and where the law can actually be used to your advantage.

Assisting in Your Negotiation for an Accurate Fair Market Value

One of the trickiest parts of any eminent domain case is coming to an agreement as to what is fair market value for your property.  This gets even more complicated when you are a business that is being kicked out of space where customers know where you are and come to you for products and/or services.  You need to be compensated appropriately in order to be able to make out in the deal and maintain the same quality of life that you had prior to the property being seized.

Getting to that fair market value number with the government can always be a struggle.  What an eminent domain attorney is going to be able to do though is to rely a great deal on their past experience.  They have likely dealt with many cases very similar to yours in the past.  They will know how to go through the process of negotiation with the government.  Reaching a settle prior to going to court will allow for your attorney and yourself to still have a say as to what deal you will accept.  In the end, though, it is really about knowing when to pull the trigger on the best offer that the government is going to give you.

An eminent domain attorney is going to help you through your case on so many difficult levels.  As an advisor, they will be there to help guide you through the process and explain to you what is happened each step of the way.  When roadblocks arise, they’ll be able to explain what will come next, how things can be fixed, and so on.  As it pertains to knowing the federal and Florida state laws, they’ll have experience in knowing the nuances and how they can benefit you.  Finally, when it comes to agreeing on that fair market value, you can use their experience to get to a dollar amount that you are comfortable with.  Eminent domain is very powerful for the government as virtually all property can be seized at will.  Having an attorney working with you, though, can make the process much easier.