Pre-Condemnation Planning Article

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Pre-Condemnation Planning

If you are alert to the news in your community, you may become aware of a public works project requiring eminent domain months or years before it affects you. To make sure you are not taken by surprise, you should:

Author: Sara Goldstein

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• Pay attention to local news
• Attend city and county government meetings
• Be connected with your neighbors

This will help you to get the first news of any project that may require the condemnation of your property. Once you know that a project may be on its way, here are some things you should do.

Familiarize Yourself with the Law

You need to understand eminent domain law to make sure you are prepared for the condemnation process. Some eminent domain lawyers maintain detailed websites that describe Florida's eminent domain law in detail. In addition, you can read the laws using Florida's online statutes library, Online Sunshine. Eminent domain law is contained in Article X, Section 6 of Florida's constitution, and the code is contained in Chapter 73 of the Florida statutes.

Prepare Your Property for Assessment

Preparing for eminent domain is like preparing for the sale of your property. It must be at its best to be properly valued. Check the last statement of value for taxes and determine whether you consider this a fair assessment of the property's value, or does it not reflect recent improvements? Repair minor damage that can make a major impression. Slap on a fresh coat of paint.

Make a list of all factors that make the property valuable but may not be immediately apparent. Also make sure you understand what exactly you own on the property, including mineral and other separable rights. All the rights you own will have to be compensated as part of any eminent domain taking.

And if you suspect a project may require only a partial taking of your property, begin considering all the ways in which the loss of that part of your property will impact the property as a whole so these can be used in an assessment of severance damages.

When You Get an Offer

When you finally get an offer from a government agency, it's time to talk to an eminent domain attorney. Look over the offer and compare it to what you think your property is truly worth. Then bring your offer to an eminent domain lawyer, who will give you his professional opinion. Ask him how much more you might be able to get as part of full compensation. Then decide whether it is best to take the offer or to force an eminent domain hearing.

If you suspect your property may be condemned in the future, learn more about eminent domain law on the website of The Florida Property Rights Law Firm.

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.

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