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Various types of building projects can fall under the umbrella of eminent domain, including: • Road construction • Road widening and improvement • Public use buildings Public schools fall under the final category. For instance, Florida’s Marion County School District currently plans to build an elementary school, and later a middle school, in order to reduce overcrowding, which has grown severe in the southeastern part of Marion County. Eminent domain will play a major role in acquiring land for this future construction, and it’s essential for property owners to know the laws and their property rights under those laws. Public Schools and Eminent Domain There are numerous factors that may necessitate the construction of new public schools. Some of these reasons are: • Outdated or dilapidated existing schools • City and population expansion • Overcrowding It can be particularly difficult to fight eminent domain takings for public schools since public opinion is often in favor of these projects. Recent eminent domain cases in New York City with Columbia University and in Philadelphia’s Lower Merion School District show the range and frequency of eminent domain cases in relation to school building projects and the difficulties property owners can face in such cases. But, your property is your property, and you deserve full compensation regardless of the purpose of the project. Capital Funds Many property owners are initially hesitant to ask more for their property from a school district when they hear about teachers being laid off. But, new school construction comes out of capital funds. Capital funds, including the cost of eminent domain takings, are legally separate from funds used to pay teachers' salaries and fund school programs. For instance, in Marion County, the School Board agreed to begin condemnation procedures and offer the owner a total of $1.65 million for the property. This is $25,000 per acre, about 14 % below the owner's asking price. None of the $1.65 million will be taken out of teachers' pockets. Plus, the financial situation of a local school district should not automatically devalue your property or preclude you from being fully compensated for your property’s value. We Are Here For You If a school construction or other public use project has put your Florida property in danger of condemnation, you need an experienced eminent domain lawyer who can help you fight for your property and get the maximum compensation if you cannot stop the taking. Please visit the website of the Florida Property Law Firm, P.A. today to learn how we can help.
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