Recent Blog Posts
What is the Florida Distracted Driving Law?
Over the last decade, distracted driving has become one of the biggest dangers on Florida roadways. As smartphones have become ubiquitous, people are choosing to text, email, browse social media, and chat while driving. Using a phone takes a driver’s eyes off the road, attention off of driving, and hands off the wheel, creating… Read More »
How Are Truck Accidents Different from Car Accidents?
The typical car accident can be a jarring, difficult, and emotionally traumatic affair. Between dealing with injuries, property damage, and missing work, not to mention the associated financial and legal complications, even the average car crash is likely to upend your life for some time. When a traffic accident involves a semi-truck, eighteen-wheeler, tractor-trailer,… Read More »
Florida Supreme Court & State Lawmakers Reviewing Law Limiting Who Can Sue for Medical Malpractice
We trust our doctors and other medical professionals to make educated, sound judgments regarding diagnoses, treatments, and medical procedures. When a medical professional acts negligently, the consequences are often severe: We can lose a limb, an eye, or the function of an organ. Medical mistakes are often fatal, leaving the family of a deceased… Read More »
Six Steps to Progress
When the government decides it wants to build a road, building, or some other structure, and exercise its eminent domain authority, the condemning authority will follow a six step process. The six steps are: 1. Plan the project 2. Project development and Environmental (public meeting) 3. Selection of the Plan 4. Right of Way… Read More »
Loss of Frontage
A key factor in determining whether there has been a taking of access is the loss of abutting road frontage and not just one convenient way to get to the property. But the closure of a nonabuting road is probably not compensable. Alterations in another area of a project which eliminate one of the… Read More »
If you own a business and a part of your property is being condemned you may be entitled to business damages. But, there are only specific condemning agencies that are required to pay business damages. If your entire property and business are taken then you are not entitled to business damages. The idea is… Read More »
The first offer from the condemning authority, the appraiser and rezoning.
The condemning authority will have your property appraised and make you an offer on your property. What should you do? In almost every case, the amount you have been offered is based on a real estate appraisal that has been paid for by the condemning authority. You need to hire your own real estate… Read More »
Eminent Domain: Who Pays The Attorney’s Fee?
How is the attorney’s fee determined in an eminent domain case? The attorney’s fees are set by Florida Statute 73.092. This statute states that the attorney’s fee is determined by the benefit obtained for the client and is based on the difference between the final judgment or settlement and the last written offer made… Read More »
Eminent Domain: The States Superior Right of Ownership
Eminent Domain. Did you know that the land you own is subject to the superior right of ownership by the government? We like to think that the land we own is ours and ours only but that is not the case. The state owns the land first, and we own our land second. This… Read More »
Eminent Domain: The Quick Taking Statute
Florida Statutes Chapter 74 also known as the quick taking statute, is the most common statute used by the government to exercise the power of eminent domain. Why is it called the quick taking statute? Because the government can take land by depositing a good faith estimate of the value of the property taken… Read More »