Florida Condemnation Clause

State:
Multi-State
Control #:
US-OL11015A
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Description

This office lease clause is a condemnation clause that illustrates a mild effort to deal with some of the issues In the event the whole of the building or a substantial part of the building is condemned.


The Florida Condemnation Clause refers to a legal provision that protects property owners in the state of Florida against potential government actions involving eminent domain and condemnation. Eminent domain refers to the government's power to seize private property for public use, although it must provide just compensation to the property owner. The Florida Condemnation Clause is typically found in property agreements, leases, or contracts, and it offers crucial protections to property owners if their property is targeted for government acquisition. It ensures that fair compensation is provided in the event of a condemnation, allowing property owners to understand their rights and potential remedies. Under the Florida Condemnation Clause, the property owner is entitled to receive just compensation for both the fair market value of the property and any damages suffered as a result of the condemnation. The fair market value is determined by considering factors such as the property's location, current use, potential for development, and any improvements made by the property owner. Different types of Florida Condemnation Clauses may include: 1. General Florida Condemnation Clause: This clause outlines the basic rights and obligations of the property owner and the government in the event of a condemnation. 2. Right to Challenge Condemnation: Some Florida Condemnation Clauses may provide property owners with the right to challenge the government's decision to condemn their property. This allows property owners to present evidence supporting the property's value and argue against the taking. 3. Notice of Condemnation: Florida Condemnation Clauses may include provisions requiring the government entity to provide written notice to the property owner in advance of any condemnation proceedings. This notice typically includes details about the purpose of the taking, the compensation offered, and the property owner's rights. 4. Dispute Resolution: Certain Condemnation Clauses may outline a process for resolving any disputes that arise during the condemnation proceedings. This could involve negotiation, mediation, or even litigation to determine fair compensation. It is important for property owners in Florida to understand the terms and implications of the Condemnation Clause within their agreements, as it safeguards their interests in the face of government actions. Seeking professional legal advice is often recommended ensuring thorough comprehension of the clause and to protect property rights effectively.

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FAQ

Also known as the "Takings Clause," it states: "nor shall private property be taken for public use, without just compensation." This provision does not prohibit the United States from acquiring property from private owners, but rather conditions such 'taking' on the payment of just compensation.

Condemnation in the legal sense refers to when a government exercises its eminent domain powers to seize private property for public use. Both local/state governments and the Federal Government have the authority to condemn property.

The Takings Clause of the Fifth Amendment to the United States Constitution reads as follows: ?Nor shall private property be taken for public use, without just compensation.? In understanding the provision, we both agree that it is helpful to keep in mind the reasons behind it.

In other words, local governments can condemn homes and businesses and transfer them to new owners if government officials think that the new owners will produce more taxes or jobs with the land.

Eminent domain is the right of the government to take private property and convert it to public use. Condemnation is the process by which a government agency can exercise this power. These processes are rooted in the Constitution. The Fifth Amendment requires government to pay landowners ?just compensation.?

Eminent domain is the right of the government to take private property and convert it to public use. Condemnation is the process by which a government agency can exercise this power. These processes are rooted in the Constitution. The Fifth Amendment requires government to pay landowners ?just compensation.?

In contrast to condemnation cases, in which it is presumed that the government has taken something for which it must pay just compensation, regulatory takings cases often focus on two factors: whether the regulations leave the owner with an economically viable use of property or interfere with the owner's investment- ...

While the majority of condemnation in Florida is done by the Florida Department of Transportation, counties, cities and other entities have been granted the power of eminent domain.

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The condemning authority will give you a written notice that they intend to condemn your property, and they are required to give you a written offer to purchase ... This clause gives the Federal government the power of eminent domain, i.e. the power to take private property for public use. It also requires private property ...If there is no condemnation clause, Florida law provides that the condemnation award is to be allocated between the tenant and interest. If there is a ... Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, ... Mr. Kroculick argued that the taking required a complete raze and rebuild of the site. Unique among the valuation arguments was "total temporary take" ... Jul 7, 2023 — Florida courts should recognize a cause of action for oppressive precondemnation conduct where the conduct goes beyond the mere planning and ... (b) The condemning authority must provide a written offer of compensation to the fee owner as to the value of the property sought to be appropriated and, where ... Aug 13, 2009 — Typically, the clause includes a provision whereby the proceeds of any award or claim for damages in connection with any condemnation or ... Mr. Kroculick argued that the taking required a complete raze and rebuild of the site. Unique among the valuation arguments was "total temporary take" damages. Condemnation is the taking of private property for a public purpose through the power of eminent domain. Eminent domain is the sovereign power inherent in ...

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Florida Condemnation Clause