In our previous article, we introduced the concept of eminent domain and emphasized the importance of understanding your rights as a property owner in Florida. Now, let’s delve deeper into the “who” behind eminent domain actions.
Government Agencies:
The most well-known entities with eminent domain powers are government agencies at all levels:
- Federal: Think federal agencies like the Department of Transportation, the Army Corps of Engineers, or the Department of the Interior. They often need land for large-scale projects like interstate highways, dams, reservoirs, or national parks.
- State: In Florida, the Florida Department of Transportation (FDOT) is a major player in eminent domain, particularly for road expansions and infrastructure improvements. Other state agencies may also exercise this power for drainage, conservation, schools, hospitals, or state buildings.
- Local: County and city governments can use eminent domain for projects like local roads, parks, libraries, or utilities.
Private Companies:
Here’s where it gets a bit more complex. While the power of eminent domain ultimately resides with the government, certain private companies can be granted this quasi-governmentalais authority under specific circumstances.
- Common Carriers: These are companies that provide essential public services, such as utility companies (electricity, gas, water), pipeline companies, and railroads. They may need to acquire land for their infrastructure to serve the public.
- Other Private Entities: In some cases, private companies involved in projects deemed to have significant public benefit (like redevelopment projects) might be granted eminent domain power, though this is often subject to stricter scrutiny.
Understanding the “Public Use” Requirement:
The key to any eminent domain action, regardless of who’s initiating it, is the “public use” requirement. The taking of private property must serve a legitimate public purpose.
How Brigham Property Rights Can Help:
Whether you’re facing eminent domain from a government agency or a private company, it’s crucial to have experienced legal representation. At Brigham Property Rights, we have a deep understanding of the laws and regulations surrounding eminent domain in Florida. We can help you:
- Identify the entity taking your property and their legal authority.
- Determine if the proposed taking meets the “public use” requirement.
- Negotiate fulljust compensation for your property and any related damages.
- Challenge the taking in court if necessary.
Don’t let the complexities of eminent domain overwhelm you. Contact us today for a free consultation. We’re here to protect your property rights.