Personalized Legal Services

Can you fight eminent domain?

On Behalf of | Jan 29, 2025 | Real Estate & Development

The title might have read, “Can you fight city hall?”. That’s because you’re trying to prevent the government from taking your real estate.

While it may seem futile to go up against the government, it can be done. You just need to know some of the specific guidelines.

Miami’s hot topic

Miami’s growth doesn’t seem to show any signs of slowing down. The real estate market is hot, and owners know their property’s worth. It should be no surprise then that the concept of eminent domain is a hotly debated topic and the frequent subject of litigation.

The concept of eminent domain goes all the way back to our founding fathers. The Fifth Amendment of the U.S. Constitution ratified in 1791, stated that the government can take the property only if the owner receives “just compensation.”

Florida legislators understand the value of property in their state and have put statutes in place for the protection of landowners, which states:

  1. The property being taken must be used for legitimate public use.
  2. The property owner must be offered fair compensation.

However, what constitutes a “legitimate public use” and “fair compensation” is where you may have the grounds to fight city hall. You can challenge whether the proposed project is actually for the public’s benefit and you can also challenge the amount they offer. As a recent case involving land on the banks of the Miami River shows, it is possible to succeed.

Fighting eminent domain takes tenacity, and Miami residents have plenty of that. It’s vital that you work with someone who recognizes the specific challenges surrounding the city’s real estate. They can evaluate your claim and determine if the government has a valid claim. If so, they can also help you get more compensation for your inconvenience.

 

Archives

Categories

"