I found this article (published in https://www.lakemarylife.com/ ), written by my Attorney, which gives a synopsis of eminent domain intended for non-surveyors. There is a new roadway addition to complete a beltway around ÛÏOrlandoÛ called the Wekiva Parkway. Eminent Domain is at a frenzied state.
Much of the R/W ÛÏtakingÛ has made some rich, and others pissed. I live close to the proposed Parkway but am not concerned. Attending the ÛÏPublic HearingsÛ concerning the ÛÏtakesÛ is more fun than prime time TV.
The Wekiva Parkway and How It Impacts Seminole County by Shivon Patel
"Eminent domain issues will affect Sanford residents. Almost every day, the government acquires
property for public projects across the state of Florida.
Roads, bridges, and many components of our infrastructure need improvement. Many of us see the need for improvement and have lived in Central Florida long enough to experience the daily I-4 traffic nightmare. In an attempt to keep up with the demands of the growing population and to connect
the sprawling cities of Central Florida, the Wekiva Parkway was born.
The Wekiva Parkway is a cooperative effort between the Central Florida Expressway Authority, Florida Department of Transportation (FDOT), and
FloridaÛªs Turnpike Enterprise. It will eventually connect SR 429 to SR 417, completing the beltway around Central Florida. In Seminole County, residents will benefit from lane widening of SR 46, connection to SR 429, and protection of natural resources.
The benefits of the new Parkway, however, come with some drawbacks. Many residents in the Sanford area are now dealing with eminent domain issues with FDOT. Eminent domain is the governmentÛªs right to take private property for a public purpose with just compensation to the property owner. Many property owners have owned, lived, and worked on the property that the government is taking. ItÛªs a difficult situation for the owners impacted by public projects. Many of these owners have never had to deal with eminent domain and many feel helpless, even though the government generally does what it can to ensure that the property owner has as seamless a transition as possible.
Generally, a condemnation notice is sent to the property, notifying its owners of the governmentÛªs intent to take the property or a portion of it. Then, an appraiser and surveyor are sent out to the property in order to assess the value and the actual boundary lines. This is done to facilitate the governmentÛªs offer of just compensation to the owner. However, many times and for a variety of reasons, the governmentÛªs offer to purchase the property is low. For example, a city may be taking property for a widening project and needs to acquire 50 feet of frontage, which will damage the remaining property value significantly more than the offer suggests. If only a part of the property is taken, the owner is supposed to be compensated for the diminution in value to the remainder of the property as well as the value of the part taken.
Notices from FDOT are beginning to go out to property owners in Sanford. The uncertainty surrounding the placement of toll gantries and overpasses, and the path of the Parkway from SR 46 through Orange Boulevard to International Parkway, has left many owners anxious and worried about their properties.
Eminent domain is a complicated process and mistakes can be made, so it is essential to consult a knowledgeable real estate attorney whenever contacted by the government about condemnation or presented an offer. The attorney will be able to review the offer and appraisal to determine just compensation and, depending on the situation, may be able to discuss the
options available to the owner."
_________________________________________________________________________________
Shivon Patel, Esq., B.C.S. is the founder and managing attorney of the The Principal Law Firm, P.L. Attorney Patel has dedicated her career to the practice of law and as a testament to her commitment is Board Certified by the Florida Bar as an Expert in Real Estate Law. Only a very small percentage of lawyers are chosen for this distinction after demonstrating a high degree of proficiency in their speciality area. Florida attorneys achieving Board Certification must demonstrate a minimum of five years of related work experience, passing a rigorous speciality exam, completion of satisfactory peer review assessment and satisfaction of additional legal continuing education requirements. Attorney Patel also holds a Florida Real Estate License giving her a unique understanding of the entire scope of clients' real estate transactions. She has worked on many cases ranging from closings on single family homes to multi million dollar commercial real estate projects. In addition to real estate law, Attorney Patel also focuses her practice areas in estate planning, business law and probate.
Permission was received to publish the above.
Y'all have a great day!:)
One of the unusual features of condemnation is that the transfer of title to the condemning entity can occur after the project is built. What? I learned that this happens because a judge gave the condemning entity possession of the land (so the project could move forward), then it took years to settle the money side of the equation.
I have been involved in many condemnation cases, both Special Master and jury trial. In every instance of which I am aware offers of purchase were made long before condemnation proceedings were begun. At one time the attorney for one of our clients ran some numbers and showed that condemnation added about $3,000 to the purchase price for legal and court costs. That was nearly 20 years ago so I'm sure it is quite a bit more today.
Also, we ALWAYS had surveys complete and documents prepared before offers were made and, if necessary, condemnation proceedings begun. Eminent Domain is a necessary evil, without the ability to condemn NECESSARY property we wouldn't have highways, water lines, sewer lines, etc.
Andy
THE REAL EMINENT DOMAIN 101.... ONLY THE LAWYERS MAKE MONEY.
Andy Bruner, post: 412129, member: 1123 wrote: Eminent Domain is a necessary evil, without the ability to condemn NECESSARY property we wouldn't have highways, water lines, sewer lines, etc.
Andy
of course, however 101 needs to be reclassified as 101.01 or 102 with developments over the last decade or so re: "NECESSARY". see kelo vs. city of new london, for instance.
i worked on a highway project here where dozens of condemnations took place, all under the auspices of public good and the state transportation authority- however the right-of-way was essentially handed over to a for-profit entity under a management proposal. that company ended up going belly up, and i honestly haven't kept up with who administers the maintenance and keeps the tolls at this point, but this sort of arrangement is more prevalent than ever. go to any city with a professional sports franchise and you can probably find some spirited discussion on what constitutes "necessary."
Touchy subject for sure.
I can see a need to 'impound' areas for public needs such as water reservoirs, transportation thoroughfare improvement and widening; public utilities, too. As a civilized society we not only have the need to provide for our public well being, we have that responsibility also.
It starts getting a little gray under conditions like flying solo mentioned above. We have a "Transportation (Turnpike) Authority" separate from our DOT that is a for-profit corporation. The tariffs under which they operate were created by "good-old-boy" politics back in the '50s. They can pretty much operate as a government agency, but then provide dividends to their investors.
Recently they have rolled out their plans for a "bypass loop" to run along the east side of OKC. It runs through rural areas that were about 50% condemned by "eminent domain". The route in my opinion was a strategy for development, not a public necessity. Current highway configurations and ADTs don't indicate an emergency or need for the bypass. They are building it because they can. And they will profit from it.
and i remember when going to sanford, florida only happened for 1 of 3 reasons: to visit the zoo, passing through on the way to the tractor pulls in debary, or passing through on the way to go make pancakes at deleon springs when mom was on a jag.
paden cash, post: 412141, member: 20 wrote: Recently they have rolled out their plans for a "bypass loop" to run along the east side of OKC. It runs through rural areas that were about 50% condemned by "eminent domain". The route in my opinion was a strategy for development, not a public necessity. Current highway configurations and ADTs don't indicate an emergency or need for the bypass. They are building it because they can. And they will profit from it.
all one must do here is to back up a little bit and refocus a bit and it becomes quite clear that SH130 was strategically designed to steer development. of course, this area has been in explosion mode for decades now, and anyone familiar with the regional geography understands the difference between growing west and growing east- both in a micro-level sense and in the grand scheme of things. heck, just building 70-80 miles of the same road to the west of town would cost exponents more than building it out in the vast expanse of blackland prairie at the foot of the escarpment. but make no mistake, the convenience with which several major corporations (probably over half of us are viewing and/or adding to this thread via one's products) had new, unfettered, direct access to transportation hubs and also uncongested access around 50 miles of gridlock... it was HIGHLY coincidental. there has been undeniable benefit for most- a 400' r.o.w. going through large areas of what i've always called "shallow grave land" meant a bunch of title holders to snake infested mesquite fields suddenly got a jolt of income. and in the past 15 years the land value out there is through the roof- raw acreage that would sell for 2-3K an acre in 2005 is 12-15 now. i can't even venture to guess how many housing units have been built within, say, 2 miles either way. i know i've personally worked on site plans that enveloped a few thousand, and that's a drop in the bucket. so, public... good...? maybe.
