Find Lawyers in Fort Myers, Florida for Eminent Domain and Condemnation Law
Kenneth A. Jones has more than 40 years of experience practicing eminent domain, condemnation and property rights law. Ken has handled hundreds of eminent domain cases on behalf of individual and business property owners throughout Florida. He has defended his clients’ rights against government entities including the State of Florida Department of Transportation, South Florida Water Management district, Florida Gas, and various counties, municipalities and utility companies. His represe...
Michael R. Whitt is a trial-tested attorney with more than 30 years of experience, concentrating his trial practice in the areas of business litigation, eminent domain and real estate disputes. Mike’s experience includes a wide array of business and real estate litigation, including contract disputes, eminent domain, zoning and land use, boundary and title disputes, housing discrimination, defense of ADA claims, community association litigation, as well as trademarks, trade secrets, con...
Eminent Domain and Condemnation Law Definition
More recently, government has perceived a need to expand the exercise of eminent domain beyond its classic takings context to include a variety of “rationally conceivable” public benefits thinly tethered to public use. In these instances, lawyers are asked to advise their clients on whether the government has been faithful to its constitutional duties to take property only for a public use upon payment of just compensation and in accordance with statutory procedures enacted to protect property owners.
In instances where governmental regulations “go too far” and impose burdens on private interests that should be borne by the public as a whole, lawyers evaluate whether the regulation unconstitutionally deprives the owner of all economically viable use of property or has a significant impact on its value and the owner’s investment-backed expectations.
The Takings Clause also places limits on the power of government to impose exactions for development permits. These exactions may be fees, dedications of real property, or other obligations asserted to offset the impact of a development project. Under the doctrine of unconstitutional exactions, a benefit demanded of the landowner must have a nexus to the impact of the development and be roughly proportional to its anticipated effects.
In many instances, lawyers in this practice area engage experts in appraisal, construction, development, economics, environmental remediation, engineering, permitting, planning, zoning, and related professions to secure fair treatment, fair value, and a fair understanding of whether one of the most potent powers granted to government has been exercised in fidelity to lawful mandates.
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