Eminent Domain

J. Scott Nooney and Associates represents individuals whose property has been subject to a "taking".  The Federal, State and local governments in Florida have the power to condemn private property, as do many governmental agencies, such as the Florida Department of Transportation.  Condemnation refers to the power to take private property for a public purpose and  is also known as the power of eminent domain.  The condemning authority can only take property for a "public purpose" - the definition of which can be up to a judge.  Though the condemning authority has the power to take your property, you may contest the decision in court where the authority must prove that your property is reasonably necessary for a public project. 

Eminent domain cases often involve complex and critical issues preceding the actual "taking" of the property by the government entity, it is especially vital that the owner or lessee of the property engage legal counsel at the earliest possible stage after learning that property rights may be challenged by governmental action. Our firm can quickly gather important evidence and assess a case at its initial stages to obtain the most advantageous results.  

Some of the nation’s fairest eminent domain laws apply in Florida. Many states, and even the federal government, do not pay the property owner’s attorney and expert fees, however, in Florida your attorney and expert fees are paid for by the state.  Florida has historically recognized that landowners facing an eminent domain taking will not be made whole and fully reimbursed for their loss if they must pay attorneys and appraisers out of their own pockets. Therefore, we are able to represent you without asking for payment from you. Equally important, you can be confident that we are representing your interests during the arduous times ahead.

For further information, please call us at 904-398-1992.