I-4 Expansion Forces Government To Pay Money For Property

A story on Central Florida News 13 got to thinking about lawsuits and how our society places value on property.  The story involved dozens of lawsuits filed by the Florida Department of Transportation (FDOT) against property owners all along Interstate 4 in Orlando.  The FDOT is attempting to widen I-4, and needs the land to do so.

This is a process called condemnation, or eminent domain.  Because property rights are so important in our country, any government that wishes to take land for pubic purposes such as building roads, or parkland, must fairly compensate the landowner for the property taken.  Sometimes governments and landowners can reach agreements on a fair value, and sometimes they can't.

Hearing that the FDOT has filed dozens of lawsuits suggests to me that either the State of Florida is trying to get this land on the cheap, or that landowners are not facing the harsh reality of the real estate market in Florida.  After all, figuring out what these properties are worth is not easy.  Like residential properties, these properties can be assessed based on comparable or similar properties.  However, extra analysis must be made concerning how property remaining with the original landowner may be affected, how the property at issue might have been developed or used to generate revenue, and the like.

The nice thing for landowners is that they have an absolute right to fight for every dollar that their propery is worth.  Further, landowners can do this on the government's dime as the law REQUIRES the goverment to pay the landowners' attorneys' fees and costs associated with proving the fair value.

This is similar to the way that we handle Florida insurance disputes - where insurance companies can be made to pay a fee when we legally force them to pay claims.

Call us if you have any questions about eminent domain, condemnation, or insurance problems at 407-254-4901.