BLUCHER LAW GROUP, PLLC
Eminent Domain
Glossary of Terms
- someone who appraises the property involved in the eminent domain process, which may include the land and buildings
- often used in place of “Eminent Domain”, meaning the taking of the property
- the ability to enter or exit a piece of property from a roadway
- the actual act of transferring the property from the owner to the government
- the government or a private company that has the authority to take the property in eminent domain proceedings
- the legal right for the government, business or individual to make use of a portion of the property without transferring the title from the property owner
- the power allowing the government to take private property even without the consent of the owner for public use or purpose
- the amount of money a property is worth if sold to a willing buyer at any given time
- damages that result from having property taken from the owner; it may include costs of moving or loss of income
- when a property owner brings a claim against the government or condemning authority for taking possession of property without proper notification or compensation
- the fair market value of a property or the amount of compensation the property owner is entitled to
- a case where the condemning authority only takes part of the property in an eminent domain case
- includes real property such as land and buildings as well as intangible property such as the air above the land or water that runs through the land
- When the government takes property in eminent domain, the only reason covered by law is that it must benefit the public rather than an individual.
- Similar to public use, it occurs when the government takes a property to develop it in a way that will benefit the public, such as with parks, schools, roads, and other buildings.
- The property is not physically taken from the owner, but regulations are put in place that limits its use. It may not require compensation to be given to the owner of the property.
- compensation paid to the owner for a partial taking of property
- the government claiming ownership of a property and/or interfering with the right of the owner to enjoy the property
- The condemning authority takes the entire property through eminent domain.
This information is not intended as a conclusive explanation of the Law of Eminent Domain in Florida. It is to be considered only a summary for clients or prospective clients of this law firm. If you have any questions concerning a specific real estate transaction, you should consult an attorney experienced in the practice of real estate law.