Eminent Domain

Eminent Domain

Do you have questions about your eminent domain rights in Miami-Dade, Broward or Palm Beach? If so, contact us! The accomplished attorneys at Jordan + Pascale regularly represent clients whose property or business has been impacted by a “taking” under the government’s power of eminent domain. We are skilled at working to resolve the complex and challenging issues that arise in eminent domain cases and ready to answer your questions.

Historically, eminent domain takings were used to build and expand railroads, public facilities, schools and highways. However, it’s important to understand that today eminent domain law allows the government to seize property for what is deemed the public’s greater good. While traditionally eminent domain was exercised for the construction of large public projects, recently its use has broadened to projects involving not only ‘public use’ but ‘public benefit’ as well. There is now precedent set in courts that allows for property to even be transferred to private owners for the purpose of economic development. The courts have found that if an economic project creates new jobs, increases tax and other city revenues, and revitalizes a depressed or blighted urban area it qualifies as a public use and can be transferred to a private owner. If this issue is presenting a problem for you or your business, our lawyers are ready to help.

It is important to know that in most eminent domain cases it is understood that the government will pay what is determined to be fair market value. The Fifth Amendment to the U.S Constitution forbids the confiscation of property “without just compensation.” However, this is decided not by direct negotiation between prospective developer and current owner but by the government agency, which frequently leads to compensation packages that are inadequate. Our attorneys have the know how to protect your rights and advocate for your best position.

Is over regulation affecting your ability to do business? Our attorneys have experience recognizing when governmental over-regulation becomes too restrictive and amounts to a “taking,” even when property is not physically appropriated by the government. As such, a law suit against the government can be filed to seek a declaration that the governmental regulations are so restrictive that they are “taking” property or of property rights which requires compensation to its owner. Call us for experienced advice and counsel in situation like this eminent domain matter.

You or your business may be in a situation where you disagree with the government’s assessment of whether the taking is truly in the public’s best interest or you may disagree that the government’s fair value determination of your property is just payment. You or your business may not be able to use your property as intended because of restrictions that are too encumbering. In these cases and many others, the attorney’s at Jordan + Pascale can answer your questions about eminent domain and help protect your constitutional rights. Whether you are a single family home owner, shopping center owner or developer, warehouse owner or tenant, condominium association, apartment complex, office building, restaurant owner or franchisee, drug store owner, auto repair shop, broadcast facility, church, or oil company let the attorneys at Jordan + Pascale help you to preserve all your rights.