An eminent domain case usually starts before the case is filed in the courts. The state agency or the private company that has given the power of Eminent Domain through the Florida Statutes will usually contact the landowner and try to negotiate a purchase price for the property well in advance of the government or […]
Widerman Malek Law Blog
Navigating the Proposal for Settlement Statute in Your Business Dispute
Under the American rule, each party to a lawsuit is required to pay its own attorney’s fees and costs unless a contract or statute states otherwise. One creature of statute that is available to shift attorney’s fees is the Proposal for Settlement. Another facet of the Proposal for Settlement is that it provides a way […]
What Is a Partition Action?
A partition action is one brought under chapter 64 of Florida Statutes. It is brought when there are multiple co-owners of a piece of property who cannot decide what to do with the property. In a partition action, the court can divide the property up among the various co-owners or the court can order the […]
What Should Property Owners Know About Eminent Domain Case Requirements?
Eminent Domain Case Filing Before an Eminent Domain case can be filed and served against a property owner, the governmental or quasi-governmental entity taking the land, also known as the condemnor, must follow several requirements. The condemnor must have the authority to take land via eminent domain, have a public purpose for the taking and […]
What Is the Bert Harris Private Property Protection Act?
Florida is one of the only states in the U.S. that has a statute that gives a cause of action to a property owner when the state or local government takes an action that reduces the value of a property. This occurs by interfering with an existing use or a vested right without that government […]
Ensuring Your Temporary Injunction Is Not Too Temporary
Recently, the Fifth District Court of Appeal delivered a decision that will affect how parties obtain a temporary injunction from the trial court after a default judgment. In Howell et al. v. Orange Lake Country Club, Inc., the trial court granted a default judgment against the defendants after striking their pleadings. After the default judgment, […]
Three Methods of Determining Fair Market Value in Eminent Domain
Eminent Domain The purpose of an eminent domain action is to compensate the property owner properly for the property that the government is taking for public use. It is important to understand the different ways that the property that will be taken is valued. There are three main methods that real estate appraisers customarily use […]
Is Your Commercial Property Value Appraised too High by Your Local Property Appraiser?
August is approaching, and along with everything else that is currently impacting our lives, that means your local property appraiser will be mailing out proposed property taxes (TRIM Notice). Last year, I wrote an article about the process for challenging the property value appraisal of your property before the Value Adjustment Board. Last month, the […]
Types of Joint Property Titles and Protecting Your Financial Interests
For better or worse, in an economic crisis real estate often becomes a leading topic of interest, especially for existing property owners and potential owners. Whether you currently own property or are interested in purchasing property that becomes available, understanding the property title is important. It can be even more crucial when the property is […]
What Is the Purpose of a Lady Bird Deed?
Many individuals wish to pass their property down to their heirs without probate. One way to do this is with a life estate deed where the owner retains possession of the property while they (or another person) are alive, and then another person becomes the fee simple owner of the property. However, this type of […]
