WHAT DO THE TERMS “EMINENT DOMAIN” AND “CONDEMNATION” MEAN?
The terms “eminent domain” and “condemnation” are often used interchangeably and refer to the government’s power to take private property for a public purpose. The entity seeking to use its power of eminent domain is commonly referred to as the condemning authority. WHO HAS THE LEGAL RIGHT TO TAKE PROPERTY? The federal government, State of Florida, counties, and cities all have the power to take private property for a public use by eminent domain. Some utility companies also have condemnation powers; however, corporations and individuals do not have the power of eminent domain. DESCRIBE THE EMINENT DOMAIN PROCESS Absent an agreement to sell your property to the condemning authority, it will be required to file an eminent domain lawsuit to acquire the property it needs. However, before the condemning authority can file an eminent domain lawsuit, it must wait at least 30 days in an attempt to reach a settlement with you. If you do not consent to the taking of your property, the condemnin
