Practice Areas & Industries: Akerman Senterfitt

Practice/Industry Group Overview

Akerman Senterfitt's Eminent Domain Practice Group represents private property owners, tenants, and business owners in eminent domain and condemnation matters, inverse condemnation matters, and property rights issues.

Services Available

Our attorneys handle eminent domain and condemnation cases representing clients against entities such as the Department of Transportation, Department of Environmental Protection, counties, cities, redevelopment agencies, water management districts, various governmental agencies, and public and private utility companies with condemnation powers. Our lawyers protect clients from the unlawful taking of their property by condemning authorities. In cases where the Court grants the condemning authority the right to condemn the property, we then work to secure the constitutional guarantee of payment of full (state) and/or just (federal) compensation for the taking of the client's property and damages to the remainder property and business caused by the taking.

The Eminent Domain Practice Group assists clients with retaining the necessary outside consultants such as real estate appraisers, engineers, planners and certified accountants to assist in the litigation and valuation proceedings. Under the direction of our attorneys, the consultants assess and analyze the taking of the property and the impact that the taking will cause to the remainder property and business, and will also determine the amount of full compensation and business damages owed to the client. In addition, our attorneys can assist clients with pre-condemnation planning to develop a litigation strategy by assessing and analyzing the potential taking and its impacts to maximize the client's claim for compensation.

Our attorneys assist clients in asserting inverse condemnation claims where the condemning authorities' activities resulted in a taking of private property or property rights without formal condemnation proceedings. Inverse condemnation can occur when condemning authorities encroach or appropriate physical land without formal condemnation proceedings, or through the taking of private property rights without physical appropriation of land such as access or regulatory takings. The depth of the firm's resources and experience enable our attorneys to review the facts of a situation and pursue an inverse condemnation lawsuit confirming that a taking has occurred and securing payment of full compensation for the client. Our attorneys have asserted claims for our clients under the Burt J. Harris Jr. Private Property Rights Act when the government's actions have inordinately burdened, restricted or limited private property rights.

The lawyers in the Eminent Domain Practice work closely with other departments including Real Estate, Land Use and Litigation to offer our clients the depth and experience to cover all aspects of the matter and/or client's needs.

Clients:
American Automobile Association, Lockheed-Martin Corp, AutoNation, SunTrust Bank, Federal Reserve Bank of Atlanta, Orlando Central Park, Jetport Center, Evans Properties, Inc, School District of Palm Beach County