EMINENT DOMAIN: TRIAL LAWYERS WHO ARE ALWAYS ON THE SIDE OF THE PROPERTY OWNER

At J. C. Wilson & Associates, P.A., in Orlando, Florida, we represent property and business owners who are facing government and quasi-government takings. Many of these owners are being prevented from using their property by a governmental or quasi-governmental agency as a result of a proposed future taking.

These agencies include:

  • Florida Department of Transportation
  • Counties and municipalities
  • Federal government
  • Expressway authorities
  • Port authorities
  • Community redevelopment agencies
  • Water management districts
  • State agencies
  • Power, gas and utility companies

We are on the side of the property owner. We do not represent condemning authorities. Our firm is dedicated to opposing these condemning authorities when they seek to condemn property from our clients.

GET A FREE CONSULTATION

To talk with an experienced lawyer, call us at 800-631-7963 or contact us online for a free and confidential consultation. Evening hours are available by appointment in some cases. We often travel to our clients’ property so that we can see firsthand the property being affected by a proposed government taking.

We are highly experienced in representing owners in eminent domain and inverse condemnation cases involving the taking of properties for the following types of projects:

  • Roads
  • Power lines
  • Government buildings and parking garages
  • Stormwater/retention ponds
  • Utilities
  • Schools
  • Drainage
  • Landfills
  • Airports
  • Commuter and other rail projects
  • Parks
  • Conservation
  • Beach renourishment
  • Rails-to-Trails and other recreational trail projects
  • Avigation easements
  • Natural gas and petroleum pipelines
  • Sport venues
  • Cell Towers

WHY YOU NEED A LAWYER IN YOUR EMINENT DOMAIN CASE

 WHY YOU NEED A LAWYER IN YOUR EMINENT DOMAIN CASE

When you face the government in an eminent domain case, you should know that it is not on your side. The government’s priority is its project, not the property or business owner. Government and quasi-government entities and their lawyers are there to protect their own interests. Not having qualified legal representation could result in property and business owners being paid less than they otherwise would have been entitled to.In eminent domain cases, the condemning authority will have an attorney and team of experts throughout the entire condemnation process. To have equal footing, the property owner needs to be represented, as well. If you do not have legal representation, you may miss important steps in the complicated legal process, and you may be unable to protect your property rights.At J.C. Wilson & Associates, P.A., we are on the side of the property owner. Our attorneys use more than 50 years of combined experience to go above and beyond for clients, fighting hard in an effort to achieve the best possible results for our clients. While we cannot guarantee you a specific result in your case, you can be assured that our attorneys and staff will work hard for you.

Experience has taught us the full range of issues that can arise in eminent domain cases. We can help you anticipate and avoid these issues so that the process goes as smoothly and advantageously, as possible, for you.

I Need A Lawyer, But Can I Afford One?

In Florida, the law protects property owners. The law provides that attorney fees will be reimbursed to the property owner in an eminent domain case. What does that mean for you? It means that, in most cases, the government will pay our fees — not you.

We can explain more about our fees and the process during a free and confidential consultation. Call our Orlando, Florida, law firm at 800-631-7963 or contact us online for a free and confidential consultation.

Why Choose J.C. Wilson & Associates, P.A.?

Our practice is devoted to the protection of the rights of property and business owners. Because of the narrow focus of our practice, J.C. Wilson & Associates, P.A., strives toward one goal: aggressively protecting property rights. Our firm is AV-rated* by Martindale-Hubbell — the highest rating available for legal abilities and ethical standards. For over 130 years, Martindale-Hubbell has been the most respected source of authorization and dependable biographical information about members of the legal community in the United States, Canada and worldwide.**

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.

**Participation and ratings are based exclusively on opinions expressed by confidential sources and do not undertake to rate all Florida attorneys. Additionally, our attorneys have been recognized by other publications including Super Lawyers and Best Lawyers in America.

WHAT TO EXPECT DURING THE EMINENT DOMAIN PROCESS

WHAT TO EXPECT DURING THE EMINENT DOMAIN PROCESS

It can be difficult to know what to expect in a Florida eminent domain case. Most people who become involved in these cases never anticipated having to defend their property rights through the court system. People can feel overwhelmed by the legal process in these often complex cases. At the Orlando, Florida, law offices of J.C. Wilson & Associates, P.A., we can help. Our law practice is dedicated to representing owners against the government in eminent domain cases throughout Florida.

Eminent domain cases usually begin after the government makes a written offer to the owner. This is referred to as the presuit negotiation process and is required by Florida statute, prior to the government filing a lawsuit to take the property. As a part of this process, the government will make a written offer that must be based on an appraisal. The owner is entitled to receive a copy of the appraisal as well as the construction plans for the project, to the extent the plans are available. In a typical eminent domain case, if the initial offer is not accepted, then the government will file a lawsuit to condemn the property. Shortly after the lawsuit is filed, there will be a series of hearings, including:

  • A hearing, referred to as an Order of Taking hearing before a judge, in which the judge decides whether the government can take your property and the amount of compensation the government must deposit in order to take immediate possession of the property. Assuming the court grants the Order of Taking, the property is transferred to the government.
  • A hearing in front of a 12-member jury, referred to as the valuation trial, in which both the owner and government will present evidence and expert testimony related to the value of property taken, and damages, if applicable, to the remainder property. The jury will determine the amount of compensation the owner is ultimately entitled to for the taking of the property.

Prior to the written offer, the owner may receive notices or letters from the government advising the owner that his or her property may be needed for a future public project. While the project may be years away, it is never too soon to speak with an attorney about the project and how the project may impact your property. Hiring an attorney early in the process allows you and your attorney to work together to ensure appropriate steps are taken to maximize the value of your property. Further, an attorney may be able to assist the owner with his or her unique circumstances to negotiate an early acquisition of the property, request that the government modify the proposed taking to minimize the taking impacts, or obtain other nonmonetary concessions that benefit the property owner.

While a jury trial may not be necessary, it is important that you are prepared to go to trial in the event your case does not settle. Many of these cases do not settle until well into the litigation process, sometimes literally on the courthouse steps. At our firm, we can help you understand the eminent domain process, protect your valuable property interests and take the necessary steps in an effort to maximize your compensation.

To talk with us about your case and to learn what to expect during the eminent domain process, call the Orlando, Florida, law offices of J.C. Wilson & Associates, P.A., at 800-631-7963. Consultations with our lawyers are free and confidential. There is no obligation to retain our firm in your eminent domain case.

Contact An Attorney At Our Law Firm

Our law office is located directly across the street from the Orange County Courthouse. Your convenience is important to us. Evening hours are available by appointment, and we will travel to our clients’ property so that we can see firsthand the property being affected by a proposed government taking. Call us at 800-631-7963 or contact us online for a free and confidential consultation.

J. C. Wilson & Associates, P.A.
437 North Magnolia Avenue
Orlando, FL 32801
Toll Free: 800-631-7963
Fax: 407-423-1505