Eminent Domain /Condemnation

What is Eminent Domain?

Eminent Domain is the power of the Federal Government, State Government, County or City to take your private property. The only excuse that the Government needs to take private property is that it is for a “Public Purpose” Under Florida Law a Jury of 12 persons determines the amount of compensation to be paid to a property owner who loses property through Eminent Domain. The only other time a Jury of 12 persons is convened under Florida Law is when someone is charged with murder. Eminent Domain, is the power of the Government to take land. The process by which the Government takes your land is known as Condemnation.

• What reasons must the Government give to take your property?
  The Government must establish that they are taking your property for a necessary public purpose.
  
• Is it possible for a Court to rule that the State is not taking your property for necessary public purpose?
  Yes, a Judge can rule that the taking of your property is not for a legitimate public purpose and deny the Government the right to take your property.
  
• When I am entitled to receive if the Government takes my property?
  The Florida Constitution entitles you to full compensation and therefore you may refuse to take the Government’s offer unless you considerate it to be full compensation.
  
• Defending my right to get full compensation must I pay for attorney fees?

  
  The Government will pay your attorney a fee at the end of the case if you obtain a monetary benefit over the Government’s offer based upon a percentage of the increased achieved by the attorney.
  

  As City Attorney of Miami Beach for six (6) years Laurence Feingold has filed Condemnation proceedings against Citizens. Accordingly now as a Private Practitioner Laurence Feingold is defending Condemnation claims by the City against property owners. Call (305) 538-1686 to Protect Your Property.