Eminent Domain and International Owners of Florida Property

Eminent domain isthe power of the government to take private property for public use.  The government is obligated to pay theproperty owner appropriate monetary compensation for their property, in aprocess called “condemnation.”  Eminentdomain is particularly important in Floridadue to its incredible natural resources and climate.  Floridais famous worldwide for its miles and miles of sandy beaches, clear water,beautiful people, outstanding attractions, and mild weather year round. Mostpeople who visit once want to return again and again.   Many people decide that they would like toreturn often enough that they decide to purchase property.  Or, they see in Florida an excellent opportunity for abusiness investment.  For these and manyother reasons, people from the UK,Canada, and elsewhere ownproperty in Florida,and thus are subject to eminent domain laws.  

Rule of Law andReturn on Investment

For people seeking vacation property in an agreeableclimate, Florida is chosen over many otherpossible tropical locales because the rule of law in the United States guaranteesyour investment to a greater extent than in other places.  But when eminent domainthreatens your property, it can be very difficult to be justly compensated foryour investment.  Whether your propertyis in your name, or under the name of a private corporation or trust, you canfight the taking and sue for greater compensation for your:

·        Business property

·        Vacation home

·        Investment property

·        Time share or rental (in some cases)

You are entitled to full compensation if the government useseminent domain to take your property. 

The Same Rights

For the purposes of eminent domain, foreign owners have thesame rights as domestic owners of Floridaproperty.  These rights include:

• The right to fight unjust taking
• The right to pursue inverse condemnation
• The right to receive full compensation

These rights are yours as a property owner, no matter whereyou reside. 

A Different Situation

Foreign owners, although they have the same rights, may findthemselves in a very different situation from local owners.  Local owners may have had the opportunity toattend town meetings to have input into plans that determine the use of eminentdomain, or at least know through local news about large, pending projects. 

Foreign owners often get their first notice about animpending eminent domain action when they are served with officialnotification.  The notification may reachyou less than 20 days from the date you must act to preserve your rights.  It will include a description of whatproperty will be taken, why the property is necessary, and an offer ofcompensation. This offer is often far below market value and rarely representsthe full amount you can receive for compensation.

Time Shares andRenters

Many people who maintain vacation property in Florida are not singleowners of their property.  They are ofteneither renters or time-share owners of property.  If you are a time-share owner or renter, youmay or may not have the right to independent negotiation in the event that aproperty you use becomes the target of an eminent domain taking.  Whether you have this right depends on yourtime share contract or lease.  Even ifyou do not have the right to independent negotiation, ask those who do to pushfor full compensation under the law.