When To Get A Lawyer In The Process Of Eminent Domain Article

	1888 Articles Home \| Legal Articles \| Personal Issues Articles	Legal RSS
When to Get a Lawyer in the Process of Eminent Domain

If you are facing an eminent domain action in Florida, there is a high likelihood that you will lose all or part of your property. In addition, you may not be fairly compensated for the loss, especially if you do not work with an eminent domain lawyer.

Author: Sara Goldstein

Article Tools:

To ensure you get the best results in any eminent domain proceeding, you need to work with an eminent domain lawyer, but when is the best time in the process to contact a potential lawyer?

Understanding the Process

The first step to knowing when to contact a lawyer is understanding the eminent domain process itself. Here are the steps common to most eminent domain proceedings:

• Planning the project is when the government entity such as the FDOT or another condemning authority decides on the project and what land is necessary for its completion. sometimes a new quasi-governmental organization will be set up and given condemning authority.
• Government offers to buy your property for fair market value
• Filing action is when the government commences the actual eminent domain process, and only happens if you decide you do not want to take the "fair market value" offer. You will get notice of the hearing.
• At the Order of Taking Hearing the government will present its original offer to the court, and must demonstrate that the taking will be for public use. This is the last opportunity you have to retain your property.
• The government obtains title if it prevails at the Order of Taking hearing. Within 20 days, the government will place the value of a "good faith" estimate on the property's value in the court register, and at that point, you can withdraw the money for your use, minus any mortgages, liens, and other encumbrances on the property.
• The full compensation hearing is when you can fight for the full compensation you deserve under Florida law, which includes severance damages in the case of a partial taking. When this hearing is resolved, you will get compensation for the difference between the initial compensation, and the actual value, along with interest.

At the completion of the process, either side has the right to appeal the compensation verdicts. The process is truly finished when appeals have reached the Supreme Court or neither side wishes to appeal further.

When a Lawyer Can Help

A lawyer can help at many different points in the process. If you happen to hear about a project that may require the acquisition of your property via eminent domain, it might be time to start researching eminent domain lawyers.

However, there are many things that can happen between initial planning and actual eminent domain proceedings, so it's best not to approach a lawyer until you have received an offer. At that point, you should contact an eminent domain lawyer, who can evaluate the offer. Even if the offer seems generous, it's important to get the opinion of an eminent domain lawyer.

Remember, if you hire an eminent domain lawyer and it turns out the full compensation you were due was more than the initial estimate, the government will have to pay all court costs related to the hearing, including the cost of experts, appraisers, and other resources necessary to determine the actual full compensation you are due. This means there's never any reason not to talk to a lawyer when you have received an offer to purchase your property.

If you are facing an eminent domain action in Florida and want to learn more, please visit the website of the Florida Property Rights Law Firm.

About Author

The goal of the Florida Eminent Domain Law Firm, P.A., is to ensure that the government does not take Florida residents' property without a valid reason and that the government pays the property owner the highest amount possible under the law.

Article Source: http://www.1888articles.com/author-sara-goldstein-4751.html

When to Get a Lawyer in the Process of Eminent Domain