Issues You Should Know Regarding the Valuation of Your Property in Relation to an Eminent Domain Acquisition
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What is Eminent Domain?Eminent Domain is the process used by the government and other authorities granted the authority to acquire private property for a specific public use.
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How Does it Work?Generally, the entity requiring the needed property (the condemning authority) contacts the property owner and informs them of the need for all or a portion of the property. After this notification, an appraiser working for the condemning authority will contact the owner and request an inspection of the property in order to complete an appraisal. Upon completion of the appraisal, an initial offer is made to you. If an agreement is not reached, the legal process will begin which will result in an Order of Taking by which a circuit court will convey the property required in exchange for the condemning authority’s estimate of the value. If a settlement is not reached by a court ordered mediation, a jury trial would be held with a jury determining just compensation.
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What Should I be Paid For?In Florida, you should be paid for the physical land acquired and any improvements located on the portion acquired by the condemning authority. In addition, you are entitled to the lost value to the remaining property resulting from compensable negative impacts resulting from the condemning authority’s project.
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How Can We Help You?With respect to valuation services, our firm has participated in well more than 2,500 cases over the past 25 years within the State of Florida. N. Richard Boutin, Jr., MAI, State Certified General Real Estate Appraiser #RZ199, has over 30 years of appraisal and consulting experience relating predominately to eminent domain valuation. Specific expertise relates to analysis and valuation of most types of property subject to condemnation proceedings as well as providing expert witness testimony in judicial hearings. With the assistance of an experienced eminent domain team, our firm can address all real property valuation issues and insure the legally compensable aspects of compensation for your property are evaluated and presented to the condemning authority for consideration in arriving at a mutually agreed upon settlement.
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Who Pays for these Services?The condemning authority pays for reasonable fees and costs. Presently, Florida law requires Florida condemning authorities to be responsible for reasonable expenses incurred by the property owner during the eminent domain process. Our fees and other professionals who assist you are paid by the condemning authority at the end of the eminent domain process and are not part of your compensation.
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Who Should I Contact?Our firm is willing to meet with you to discuss your particular situation and available options. We would be willing to share any maps or other information about your property in relation to the possible condemnation of your property. If we can help, please call or e-mail us and we will gladly assist you in any way we can.

