|
For many small business owners, the business is your life. Or, at least it was during the first months or years it took to get it up and running. You spent your days at the shop, and your evenings in the back, doing the books, ordering the stock, or refining your business plan. Finding reliable help was a problem, so even when you thought you could have a day off, you were liable to find yourself at work anyway. Then, once your business began to stabilize and show a profit, you got the notice that could ruin all you've worked so hard to achieve: the government wants to use eminent domain to acquire the location of your business for some major project. They've made an offer, but it's nowhere near what the property is worth, and it doesn't cover the cost of moving your business, or the risk that your business might never recover from the forced relocation. You want to fight the action, but you don't know how. Here's how: Eminent Domain Lawyers Eminent domain lawyers are your first and best resource in your fight against a condemnation. They know what the law allows and what it does not in terms of condemnation. For example, your business cannot be condemned for: • Blight relief
• Slum removal
• Public nuisance
• Transfer to another private owner (except for public roads or utilities) In addition, an eminent domain lawyer may be able to help you prove that a project is not well-designed, that your property is not necessary, or might be better maintained in its current use. Failing all that, an eminent domain lawyer can increase the compensation you receive for your business, including business damages, if applicable. If you are concerned that fees will eat up too much of your business' war chest, you should know that in Florida attorney's fees and other court costs will normally be paid by the condemning authority, unless you work out other arrangements with the attorney, and most offer free consultations. Research the Project Chances are your attorney can give you some good information about the project, but you will also want to do some research on your own. Attend public hearings to learn more, and read everything written about your project. Contact reporters who have covered the story and see if they can get you in touch with some of their sources so you can learn more. Pay attention to anything that will cast the project in a negative light, including the amount of debt the city will incur, any private contractors who stand to profit disproportionately, and nearby similar projects that have failed. Rally Support Eminent domain is only supposed to be used for public benefit. If you can show that the public doesn't want the benefit a project promises, you may be able to stop it. Using what you've learned about the project, talk to other affected business owners and enlist them in the cause of fighting eminent domain. Talk to your clients, let them know how much the condemnation will affect them, not only by losing access to your business, but also in terms of increased property and other taxes used to fund the project. Show Your Strength (and Use It!) Once you have enlisted people to your cause, show officials how many people are against a project. Bring people to hearings and make sure your voice is heard. Prepare talking points for people to read if they are afraid of public speaking. To improve attendance you can tailgate before the meetings, but while beer is popular make sure not to overdo it--you want to make an orderly protest. Sometimes, eminent domain proceedings can go on for a long time, and you may have the opportunity to target one or more members of the city council, planning board, or school district who support the program during elections. With the relatively low turnout for many local elections, even a small campaign against a candidate can swing the tide and maybe the new council will scrap your project. To learn more about protecting your business from eminent domain, visit the website of the Florida Property Rights Law Firm, PA.
Related Articles -
Florida eminent domain, Florida eminent domain attorney, Florida eminent domain lawyer, Fort Lauderdale eminent domain,
|
