What is Eminent Domain?

Описание: Jimerson Birr
http://www.jimersonfirm.com
Brandon C Meadows, Esq
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“Eminent Domain” is currently defined as the power of the nation or a sovereign state to take or to authorize the taking of private property for public use without the owner’s consent, conditioned on the payment of just compensation. The term generally refers to a legal proceeding in which the government asserts its authority to condemn or take property. The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is “justly compensated” (usually, paid fair market value) for his or her loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals, or other public buildings. This procedure is sometimes called condemnation, a taking, or expropriation. For example, the proceedings to take land under eminent domain are typically referred to as “condemnation” proceedings.
In a condemnation proceeding, a property owner asserts that governmental regulation constitutes a taking of his or her property without just compensation. Most eminent domain takings that occur in the State of Florida occur through action of the state or its agencies such as the Florida Department of Transportation. The terms eminent domain and condemnation refer to intentional takings by the government through the condemnation process. The terms should be considered synonymously in the context of the government going after your property.

For answers to additional questions about eminent domain law in Florida, visit http://bit.ly/2LbZcZK
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