Can I challenge the government’s decision to take my land in the court system?

Jimerson Birr http://www.jimersonfirm.com Brandon C Meadows, Esq ---------------------------------------- Sometimes. There are many different methods and means to challenge the governmental taking, but it should be noted that such challenges are just that- challenging. Oftentimes clients engage us to prompt the government to move its project in a way that doesn’t require usage of the client’s private property. This is an uphill battle, for governmental entities with eminent domain power are necessarily vested with broad discretion in regard to the particular route, line, or location of the proposed work or improvement and in determining what property is necessary for the public purpose involved. The general rule is that a determination as to location will not be disturbed by the court in the absence of fraud, bad faith, or gross abuse of discretion. See Canal Authority v. Miller, 243 So. 2d 131 (Fla. 1970); Boley v. Escambia County, 100 Fla. 505, 129 So. 784 (Fla. 1930); Wilton v. St. Johns County, 98 Fla. 26, 123 So. 527, 65 A.L.R. 488 (Fla. 1929). In other words, a condemning authority is vested with a considerable discretionary power and may determine the location of the land required to be appropriated in order to accomplish the public purpose in view, and such determination will not be interfered with by the courts when it is made in good faith and is not capricious or wantonly injurious, or in some respect beyond the privilege accorded by the statute. Rawls v. Leon County, 974 So. 2d 543 (Fla. 1st DCA 2008). Most court challenges on takings pertain to whether fair compensation was obtained rather than whether the government has the ultimate right to take the property. For answers to additional questions about eminent domain law in Florida, visit http://bit.ly/2LaTvLv ---------------------------------------- #jimersonbirr #FAQ #eminent #domain #eminentdomain #law #lawyer #attorney #florida #FDOT