Eminent Domain is the right of the governing agency to take property that does not belong to them.

They have this right under the idea that, if it is in the public's best interest, then it is better to take something in order to improve everyone else's circumstances.

Most of us would agree with this to a point.  If a road needs widening due to high traffic conditions, we are all for it.  However, each of the property owners are entitled to a fair and reasonable price for their land and belongings.

 

WHY DO I NEED AN EXPERT YOU MAY ASK?

We have all seen the commercial where the Narrator says that people are smart and that they will use experts if they can.

Experts know your rights and, if they do their job properly, ‘protect your rights.' However, remember that the experts also exist on ‘the other side' and are fighting to make sure that you are paid as little as possible.

Experts on both sides know the details of the project affecting your property on both sides.  However, you don't unless you hire an expert to inform you of these things.

Experts on both sides will clarify the reason your property is being taken, the impacts resulting from the taking, the ‘after' condition of your property and the value of the remaining property

Experts on both sides have experience negotiating with the government agencies doing the taking and those on your side will get you a much better deal than you would get if you simply accepted the first offer (typically the increase is VERY significant)

Experts on your side will keep you informed on the progress of the project

 

DOES THE GOVERNMENT HAVE THE RIGHT TO TAKE MY PROPERTY?

 

Yes. This is a legal process called Eminent Domain or Condemnation and the Federal and State Constitutions grant the government the power to take private property for roadway widening projects to handle increasing traffic volume; redevelopment, storm water management; and utility, drainage and temporary construction easements.

 

Government employees, as well as their expert representatives (i.e., lawyers, appraisers, contractors, engineers and supervisors) have the right to contact you via letters, phone calls, as well as visiting your property in person in an effort to acquire your property and they are only interested in paying as little as possible to get it! They will attempt to convince you to settle for a lower price as a way of saving the taxpayers' money, playing on your sense of patriotism, as well as intimidate you with the power of government. Anything you say to these government employees or representatives can and will be used against you later if you choose to negotiate alone without our help.

 

WHAT CAN I EXPECT?

 

Have you received notice from a governmental agency that your property may be affected by an upcoming road-widening project?  If so, you will next receive an appraisal on your property from the government's appraisal office, which will be followed up by an initial "good faith" offer by the governmental agency to purchase the property taken from you.

 

Keep in mind that the "good faith" offer is not always full compensation for your property.  Full compensation goes beyond just the value of the land or the buildings on the land; it should take into consideration the possibility of future potential. Full compensation also takes into consideration how the remaining land will undoubtedly be changed after the taking.

 

HOW CAN McKeon Engineering & Associates, LLC HELP?

 

Hire experts now! Sooner is better than later:

 

What you say can hurt you; don't agree to anything

Pre-condemnation Planning to maximize your award

We will help you evaluate the government's offers just to name a few.

 

We are experts in the eminent domain field, working closely with real estate appraisers, land planners and attorneys to get you full compensation for your property.  Our team will negotiate directly with the governmental agency.  We will get you the most money for your property.

 

HOW MUCH IS THIS GOING TO COST ME?

 

Our representation and assistance to you, as well as other eminent domain experts working on your case, does not cost you a dime. Pursuant to Florida law, the government agency taking your property pays for your expert witnesses and attorney during this process.  After you are fully compensated for your property, then your experts and attorney and the government agency will begin negotiating their payment for fees and costs directly and a hearing is held. This is totally separate from your case and you usually do not have to attend or be involved; the Judge will decide, after hearing from your experts and attorney, what reasonable fee should be paid and once all fees are awarded and paid, your case is closed.

 

Please contact tmckeon_PE@mckeonengineering.com and visit http://www.mckeonengineering.com/ .

 
This post has been included in Florida Information

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Real Estate - Other: Thomas McKeon, P.E. (McKeon Engineering & Associates, LLC)
Thomas McKeon, P.E.
Orlando, FL
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McKeon Engineering & Associates, LLC

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