Eminent Domain

The terms "eminent domain" and "condemnation" are often used interchangeably to refer to the power of the government to acquire private property for public use. However, the government's power to take property is not unlimited. If you do not agree to have your property taken, the condemning agency is required to present evidence in court and obtain an order from the judge before being allowed to take your property. If the government does take your property, it is required to pay you "full compensation" as guaranteed by the Florida Constitution. 

Saxon Gilmore is available to represent property owners, business owners, tenants, and vacant landowners in eminent domain cases. Florida is unique in that it requires the condemning agency to pay your attorneys' fees and the reasonable and necessary cost of the expert witnesses hired on your case. As a result, in most cases you will not have to pay any money. 

Sometimes it becomes necessary for a property owner to file an inverse condemnation lawsuit against the government because it refuses to acknowledge that your property has been taken either through regulation or use. Since the law limits the time for which you can make a claim, it is important to discuss this matter with an experienced attorney as soon as possible. 

The hiring of an experienced attorney with a background in the area of eminent domain is the first step in the condemnation process. For your review, we have provided a link to an article written by one of our attorneys, Michael H. Rosen, Esq. entitled Precondemnation Planning:

A Practical Guide for Landowners and Business Owners in Florida .