| 1888 Articles Home | Legal Articles | Legal RSS |  |
||
Mineral Rights in Florida Eminent Domain |
||||
|
If your property is being acquired through condemnation, or eminent domain, you are entitled to full compensation according to the Florida constitution. However, there are many elements of your property's value that may be neglected in the government's initial fair market value offer. |
||||||||||||
| Author: Sara Goldstein |
|
|||||||||||
Mineral rights are one good reason to employ an eminent domain attorney to get full compensation for your property. An eminent domain attorney can look at your fair market value estimate and let you know whether you might be able to get a substantially better compensation package if you go to a full compensation hearing. However, there are some things that may impact your ability to get compensation for mineral rights through eminent domain.
Do You Own the Mineral Rights?
Many property owners do not actually own their mineral rights. Mineral rates are separable from surface property rights, and often they are not given to the owners of the surface property. They may have been separated from the surface property rights by the development company that parceled out the land for residential or commercial development, or they may even have been separated by the government agency that initially sold the land.
If you do not own the mineral rights, obviously you cannot receive compensation for them. However, in some circumstances where it is required by law, you may receive compensation if those rights are exploited.
Other times, you may be able to get the owner of the mineral rights to participate with you in an eminent domain action. If taking of their land will impact their mineral rights, they deserve compensation as well, or perhaps they will fight to defend their mineral rights.
When Are Mineral Rights Relevant?
If you own the mineral rights, they may or may not be relevant to an eminent domain proceeding. In order to make them relevant, you have to show that the highest and best use of a property would include them. Mineral rights might be made irrelevant by zoning regulations that would prevent the legal exploitation of the minerals. To make mineral rights relevant, you must demonstrate that they could potentially be put to use with a reasonably likely adaptation of the property.
Next, you will have to show that the mineral rights are of reasonable value. This could be done in a number of ways. You could show that mineral rights have a significant face value in the area by pointing to local sales of mineral rights. You could also show probable cause that there might be valuable mineral wealth on the property with a geologic survey. You may be able to find a relevant survey, or you may have to commission one.
An Eminent Domain Attorney Can Help
If you are trying to determine whether your mineral rights are relevant in your eminent domain proceeding, an eminent domain attorney can help. He will know the laws and relevant proceedings in the area. He can also look at your deed and at the fair market value offer to determine whether mineral rights or other significant avenues for full compensation have been neglected.
To learn more about eminent domain law, please visit the website of the Florida Property Rights Law Firm today.
About Author
The Florida Eminent Domain Law Firm represents individuals and businesses when the State of Florida attempts to take their land using Eminent Domain and Condemnation Laws.
Article Source:
http://www.1888articles.com/author-sara-goldstein-4751.html
Other Related Articles Virginia Debate over Eminent Domain Reform by Sara Goldstein What to pack while contemplating travel to Boston? by Jack Olivor Forced Pooling or "Unitization" Forces Property Owners to Accept Drilling by Sara Goldstein Mineral Rights in Florida Eminent Domain by Sara Goldstein Zoning, Property Value, and Eminent Domain by Sara Goldstein Not Your Grandfather's Dentures by Sara Goldstein Why trust is the most important factor in a wholesale business? by Wlliam King |
