Florida Eminent Domain Practice and Procedure

ebook

By Florida Bar Continuing Legal Education

cover image of Florida Eminent Domain Practice and Procedure

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When can government "take" private property for a "public purpose?" Can private property owners obtain restitution for partial takings and business damages? This manual is a comprehensive treatment of current legal practice, including detailed review of proceedings from both the condemnor's and condemnee's perspective.

The Eleventh Edition contains:

  • Added discussion regarding motion to dismiss and curing pleading defects under Viverette.
  • New discussion regarding the impact of Doctrine of Federal Preemption on rail transportation.
  • Enriched definition of Necessity
  • Updated statutes, rules, and case law
  • Discussion on disadvantages for condemning authorities of use of F.S. Chapter 74.
  • Elaboration on condemnor requirements in determining property rights needed
  • Added discussion on defective pleadings.
  • Elaboration on making the owner whole and the cost to cure
  • Rewrite focusing on Preparation for Trial
  • Revisions regarding Settlement and Pretrial Discovery
  • New section on Loss of Visibility
  • Discussions of DeLisle (addressing Daubert versus Frye)
  • New section on Judgments
  • Discussion of 2018 change in the Internal Revenue Code regarding restrictions on deduction of casualty losses by individuals.
  • New statutory limitations on relocation expenses under the Uniform Relocation Assistance Act
  • Thoroughly amplified definitions of "existing use," "inordinate burden," and "property owner" under the Harris Act
  • Florida Eminent Domain Practice and Procedure