Will all risks associated with relocation now be placed on the owner?
Author: Paul D. Bain Published in Petrogram, Spring 2009
Abstract:
Since 1933, the Florida Legislature has allowed a business to claim business damages for lost profits and goodwill when the government uses the power of eminent domain to take part of its property. After seventy-five years, new case law threatens to make the recovery of business damages riskier, especially to location-specific operations such as gas and convenience stores.
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Author: Paul D. Bain Published in Florida Bar Journal, November 1999 LXXIII, No. 10
On June 18, Governor Bush signed into law substantial amendments1 to Florida's eminent domain statutes. Originating from a Senate bill sponsored by the Committee on Fiscal Policy and the Committee on Comprehensive Planning, Local and Military Affairs,2 the amendments seek to encourage pre-suit settlement and decrease litigation costs. Among several changes, the amendments create a mandatory pre-suit negotiation process and substantially overhaul recovery of business damages.
Author: Blake H. Gaylord Published in Petrogram, Winter 2007
Knowledge of the eminent domain process is critical for every landlord and tenant regardless of whether the process directly affects them. This is because landlords and tenants can control their relationship before they are faced with the harsh reality of eminent domain by placing a condemnation clause in their lease agreement. A condemnation clause can control how the parties share in the eminent domain award in addition to outlining the rights and duties of each party. In the absence of such an agreement, Florida law contains special provisions for landlords and tenants alike during the eminent domain process. To provide a general understanding of Florida law on the subject of landlords, tenants and condemnation, this article will discuss condemnation clauses, the specific legal rights and duties of each party in the condemnation process and condemnation settlement negotiations between landlords and tenants.
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