Eminent Domain and International Owners of Florida Property

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

Rule of Law and Return on Investment

For people seeking vacation property in an agreeable climate, Florida is chosen over many other possible tropical locales because the rule of law in the United States guarantees your investment to a greater extent than in other places.  But when eminent domain threatens your property, it can be very difficult to be justly compensated for your investment.  Whether your property is in your name, or under the name of a private corporation or trust, you can fight 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 uses eminent domain to take your property.

The Same Rights

For the purposes of eminent domain, foreign owners have the same rights as domestic owners of Florida property.  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 where you reside.

A Different Situation

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

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

Time Shares and Renters

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