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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 30330
Experience:  Texas Attorney for 29 years dealing in real estate
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I have just purchased a property in Indian River county Florida,

Resolved Question:

I have just purchased a property in Indian River county Florida, now I find out that the county is going to widen the road my house backs up to.
Can they take the back of my property. I'm concerned about leach fields and no space between my back door and the highway.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good evening.Unfortunately here the county has eminent domain powers to take parts of properties in order to build roads.They would of course have to pay you fair market value for any land taken under such powers.

RayAnswers :

Florida Statutes > Title XI > Chapter 127 > § 127.01 - Counties delegated power of eminent domain; recreational purposes, issue of necessity of taking; compliance with limitations


 


(1)(a) Each county of the state is delegated authority to exercise the right and power of eminent domain; that is, the right to appropriate property, except state or federal, for any county purpose. The absolute fee simple title to all property so taken and acquired shall vest in such county unless the county seeks to condemn a particular right or estate in such property.


(b) Each county is further authorized to exercise the eminent domain power granted to the Department of Transportation by s. 337.27(1), the transportation corridor protection provisions of s. 337.273, and the right of entry onto property pursuant to s. 337.274.


(2) However, no county has the right to condemn any lands outside its own county boundaries for parks, playgrounds, recreational centers, or other recreational purposes. In eminent domain proceedings, a county’s burden of showing reasonable necessity for parks, playgrounds, recreational centers, or other types of recreational purposes shall be the same as the burden in other types of eminent domain proceedings.


(3) A county shall strictly comply with the limitations set forth in ss. 73.013 and 73.014.

RayAnswers :

This is the statute that permits such a taking under eminent domain.

RayAnswers :

Here is 73.013 for your reference.

RayAnswers :

(1) Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, if the state, any political subdivision as defined in s. 1.01(8), or any other entity to which the power of eminent domain is delegated files a petition of condemnation on or after the effective date of this section regarding a parcel of real property in this state, ownership or control of property acquired pursuant to such petition may not be conveyed by the condemning authority or any other entity to a natural person or private entity, by lease or otherwise, except that ownership or control of property acquired pursuant to such petition may be conveyed, by lease or otherwise, to a natural person or private entity:


(a) For use in providing common carrier services or systems;


(b)1. For use as a road or other right-of-way or means that is open to the public for transportation, whether at no charge or by toll;


2. For use in the provision of transportation-related services, business opportunities, and products pursuant to s. 338.234, on a toll road;


(c) That is a public or private utility for use in providing electricity services or systems, natural or manufactured gas services or systems, water and wastewater services or systems, stormwater or runoff services or systems, sewer services or systems, pipeline facilities, telephone services or systems, or similar services or systems;


(d) For use in providing public infrastructure;


(e) That occupies, pursuant to a lease, an incidental part of a public property or a public facility for the purpose of providing goods or services to the public;


(f) Without restriction, after public notice and competitive bidding unless otherwise provided by general law, if less than 10 years have elapsed since the condemning authority acquired title to the property and the following conditions are met:


1. The condemning authority or governmental entity holding title to the property documents that the property is no longer needed for the use or purpose for which it was acquired by the condemning authority or for which it was transferred to the current titleholder; and


2. The owner from whom the property was taken by eminent domain is given the opportunity to repurchase the property at the price that he or she received from the condemning authority;


(g) After public notice and competitive bidding unless otherwise provided by general law, if the property was owned and controlled by the condemning authority or a governmental entity for at least 10 years after the condemning authority acquired title to the property; or


(h) In accordance with subsection (2).


(2)(a) If ownership of property is conveyed to a natural person or private entity pursuant to paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e), and at least 10 years have elapsed since the condemning authority acquired title to the property, the property may subsequently be transferred, after public notice and competitive bidding unless otherwise provided by general law, to another natural person or private entity without restriction.


(b) If ownership of property is conveyed to a natural person or private entity pursuant to paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e), and less than 10 years have elapsed since the condemning authority acquired title to the property, the property may be transferred, after public notice and competitive bidding unless otherwise provided by general law, to another natural person or private entity without restriction, if the following conditions are met:


1. The current titleholder documents that the property is no longer needed for the use or purpose for which the property was transferred to the current titleholder; and


2. The owner from whom the property was taken by eminent domain is given the opportunity to repurchase the property at the price that he or she received from the condemning authority.


(3) This section does not affect the limitation on a government entity’s powers of eminent domain contained in s. 350.81(2)(j).


(4) The power of eminent domain shall be restricted as provided in this chapter and chapters 127, 163, and 166, except when the owner of a property relinquishes the property and concedes to the taking of the property in order to retain the ability to reinvest the proceeds of the sale of the property in replacement property under s. 1033 of the Internal Revenue Code.

RayAnswers :

In your situation if the taken property makes your home unlivable they would have to take all of it.They will have to contact you in this process and they try to negotiate the purchase and eminent domain only comes into play if you are not able to agree to a price and terms here .\

RayAnswers :

Here is a great reference that explains fair market value in Florida.This may help you understand your rights here.

RayAnswers :

I am so sorry you gave me a poor rating.What follow up do you have that I may respond to .

RayAnswers :

Please let me know here if you have more follow up, be glad to help you further.

Customer:

If they take my property and it involves my septic leach field am I responsible to correct even if there is no other space to put it.

RayAnswers :

This would be something that you would and should be compensated for as part of fair market value and your related harm here.

RayAnswers :

This should be compensable as well as say fences, landscaping, etc. that you have lost.

RayAnswers :

Here you would have to incur these costs because of the taking.You should receive compensation for these as well as anything else you have to repair or replace as a result of their taking of the piece of property.

RayAnswers :

And certainly if you watch the video here and they say took all your property then you would seek relocation and moving expenses as well.

RayAnswers :

This is normally part of the process and if you do not get what you feel is a fair amount here you would have right to contest the amount here during the suit.Many of these are then mediated by a neutral party or if that fails the court.Hopefully that would not be necessary.You may have neighbors with similar problems..

RayAnswers :

There are lawyers in Florida that specialize in just this area if you cannot get fair offer from the county, here is an example..

RayAnswers :

Once you review this please let me know if you have more here, it is not a problem, thanks for your patience tonight.

RayAnswers :

I appreciate the chance to help you.I know this can be frustrating and overwhelming sometimes.

RayAnswers :

More for you here for Indian River including lawyer referral and more about your rights in this matter.

RayAnswers :

Here they explain some areas you may be compensated in here in addition to the ones we covered above.

RayAnswers :

Please let me know if you have any more chat here, I will be around to respond.

Customer:

thank you

RayAnswers :

You are welcome here is more reference.

RayAnswers :

The Florida Constitution provides that the owners of property taken are entitled to full compensation.


"No private property shall be taken except for a public purpose and with full compensation therefore paid to each owner or secured by deposit in the registry of the court and available to the owner." Florida Constitution Article I, Section 9.


Full compensation includes the fair market value of the property being taken plus whatever damages result to the owner's remaining land because of the taking. The owner is entitled to be put in as good a position financially as he would have been if the property had not been taken.

RayAnswers :

So you may well get compensated for the issues you raised above in this matter as they are part of fair market value.

RayAnswers :

Thanks again.

RayAnswers :

If you can leave a positive rating it is always appreciated.I appreciate the chance to help you and wish you the best getting fair market value for this piece of your property.

Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 30330
Experience: Texas Attorney for 29 years dealing in real estate
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