Sunday, August 30, 2015
As a landowner, the decision to sell your property is an important one. Unfortunately, the choice of when, to whom, and by how much to sell your property is not always your choice. One possible reason behind this is the eminent domain law. Under this law, the city or state possesses the right to acquire private property for the sake of public use. Through this law, private lands and homes can be forcibly bought and demolished in order to build public infrastructure like a school, a new city office, or a hospital. It is important to remember that if the government’s claim to the property is deemed justified, private property owners will have no choice but to give up their ownership. In return, they will be paid a certain “just compensation” amount by the government, usually based on the property’s fair market value. While this may sound equitable, there are many circumstances that could lead to a misunderstanding between the state and affected landowners.
Saturday, August 29, 2015
Property owners supposedly in the path of any public construction projects may be asked by the local government to make way for the development. The government can do this because of the eminent domain laws. In many cases, the proceedings provide compensation to the displaced resident. However, issues arise when the question of whether the compensation offered was adequate. An eminent domain attorney like Mark Bentley with Mark Bentley, P.A., can get down to the bottom of the problem in cases like these. According to the Florida Statutes, eminent domain cannot be initiated unless the work is for a project designed to address right-of-way, such as a new expressway, access ramp, or street extension. From here, calculations can be made on the type of damages.
Thursday, August 27, 2015
Having a house and a livelihood are two good things nobody should do without. When the state government, however, has other plans for the land your house is built on, posing a threat to your long-term abode, things could get a bit messy. With the government waving eminent domain as its privilege, residents who are at risk of being evicted require ample legal representation to present their case. Evan Axelbank of FOX13 in Tampa Bay said as much regarding a highway expansion project in the heart of Citrus County. The Florida Panhandle is already a hubbub of transportation for the entire southeastern U.S. It already got around three interstates heading west all the way to the stateline with Alabama, and at least two crisscrossing the center of Florida. When your course is to seek just compensation from the localities at a time of potential displacement, enlisting the help of eminent domain attorneys, such as Mark Bentley, PA, will be an important move.
Wednesday, August 26, 2015
Tampa eminent domain lawyer Mark Bentley, P.A. is proud to announce that his firm’s website, www.MarkBentleyPA.com, has recently been revamped to further improve its service quality. The website now features a mobile responsive design and filled with more information about the firm’s comprehensive range of service offerings, along with links to pertinent legal references. A mobile responsive design ensures that a website retains its sleek graphics and navigational qualities no matter the type of gadget used, including desktop computers, smartphones, and tablets. Clients and other individuals who wish to acquire legal information through Mark Bentley’s website can now navigate it smoothly using their mobile devices without being inconvenienced by poor loading times and distortions to the images and text.
Monday, August 3, 2015
Imagine you’re operating your Tampa Bay business like any other day when you receive a Notification of Need for Property & Rights from a condemning authority. What does it mean? Basically, the document says the local government intends to acquire your property. If this should happen to you, you are involved in an eminent domain case. Investopedia defines it as the power of the government to obtain an individual’s property at will. The acquired land will be put to a public use, roads, schools, or other facilities. If the property in question is yours, you will be compensated at fair market value.
Sunday, August 2, 2015
Under the eminent domain laws, the state and local governments can take private property from its owners and convert the land for public use. Courts generally will uphold such land grabs if it is proven the taking would serve a public purpose. However, there have been cases where property owners have been unlawfully deprived of their homes and businesses. For example, if a taking is not for a recognized public purpose, or if the government should seek to take more land than needed for its project, the taking is improper under the law. When that happens, citizens can object to the government taking of their properties. An eminent domain lawyer familiar with local Tampa regulations can help you through the process of contesting the proposed taking, or help you receive just compensation for the seizure of the property.
Saturday, August 1, 2015
You’ve worked hard for your Tampa Bay property and spent many years building something you can be truly proud of—only to wake up one day and receive a condemnation notice from the government it wants your property for public use. You feel distraught and confused, wondering why you’ve suddenly become a target. You don’t want to lose your property, but what can you do? It’s important to first understand the meaning of “eminent domain.” Eminent domain is the government’s right to acquire private property for public use. Without it, the extent of public infrastructure would be inadequate to accommodate society’s needs. This right is absolute - once your property becomes a target for condemnation, and provided the government is able to provide a valid reason for its action, the only choice you have is to argue that you are entitled to more compensation for your property than the value established in the government’s appraisal. In short, it’s an offer you cannot refuse.