Bonnifield Law, PA

Public projects often take years, sometimes decades, to complete.  When a governmental entity decides to proceed with a public project, it will initially set up a budget which will include the cost of construction as well as the cost of property acquisition.  Other costs are budgeted for as well, including items such as legal fees, consulting costs, and others. 

The governmental entity will identify the properties that will be affected by the public project, and it will hold a public meeting to discuss the project with the affected property owners.  There may be several of these public meetings over time, depending on the project.   

The government entity will then order appraisals of the properties that will be “taken” as part of the project.  The project may require a taking of an entire parcel of property, a portion of the property, or perhaps an easement over the property, either permanent or temporary.  The government entity will then make an offer to the property owner based on the appraisal.  According to Florida law, this offer must be in writing, and the property owner has a right to request a copy of the appraisal upon which the offer was based.

The property owner must be very careful to ensure all potential effects on the property have been considered.  Takings can entail a plethora of issues that should be considered when analyzing the total effect on the property.  For example, in a road widening scenario, factors to consider include: elevation and drainage; county code requirements; future use of the property; access; and many others.  Takings involving businesses require yet another unique set of inquiries.  Engaging the proper experts is an essential aspect of analyzing your case, and property owners should take when choosing their representatives.