Find Lawyers in Florida, United States for Eminent Domain and Condemnation Law
Practice Area Overview
More recently, government has perceived a need to expand the exercise of eminent domain beyond its classic takings context to include a variety of “rationally conceivable” public benefits thinly tethered to public use. In these instances, lawyers are asked to advise their clients on whether the government has been faithful to its constitutional duties to take property only for a public use upon payment of just compensation and in accordance with statutory procedures enacted to protect property owners.
In instances where governmental regulations “go too far” and impose burdens on private interests that should be borne by the public as a whole, lawyers evaluate whether the regulation unconstitutionally deprives the owner of all economically viable use of property or has a significant impact on its value and the owner’s investment-backed expectations.
The Takings Clause also places limits on the power of government to impose exactions for development permits. These exactions may be fees, dedications of real property, or other obligations asserted to offset the impact of a development project. Under the doctrine of unconstitutional exactions, a benefit demanded of the landowner must have a nexus to the impact of the development and be roughly proportional to its anticipated effects.
In many instances, lawyers in this practice area engage experts in appraisal, construction, development, economics, environmental remediation, engineering, permitting, planning, zoning, and related professions to secure fair treatment, fair value, and a fair understanding of whether one of the most potent powers granted to government has been exercised in fidelity to lawful mandates.
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Robert Alfert, Jr., is a Florida Bar Board Certified Attorney in Construction Law, and an experienced Construction Arbitrator. He concentrates his practice in construction law and litigation, infrastructure and transportation, including public-private partnerships. His experience in construction and infrastructure derives from his education and prior work experience in architecture, in addition to more than twenty-five years of handling complex construction matters and infrastructure projects...
Jackson Bowman is a partner in the Moore Bowman & Reese, P.A. firm located in the St. Petersburg office. For over 25 years, Mr. Bowman’s professional career has involved real estate-related matters. He is a graduate of The University of the South (B.A. 1985) and Stetson University College of Law (J.D. 1998). Mr. Bowman brings experience as a real estate appraiser and consultant to the field of eminent domain law. He holds the MAI designation (inactive) from the Appraisal Institute, ...
Mr. Brigham is a third generation trial lawyer with experience in complex, high-profile cases involving real estate of many kinds. He is best known for work throughout Florida representing property or business owners in eminent domain proceedings. In 2008, Mr. Brigham was lead counsel in a case where he obtained the largest jury verdict in Florida state court eminent domain proceedings in the amount of $67,410,000 against the Jacksonville Port Authority. More recently, in 2013-2018, he was le...
Gaylord Merlin represents property and business owners in eminent domain and property rights litigation throughout the State of Florida. Our firm guides an owner through the condemnation process, protects an owner's property rights, and fights for an owner to receive full compensation. Andrew G. Diaz represents a variety of business and property owners in eminent domain and property rights litigation. He has handled cases involving the taking of large vacant parcels, national big box retailer...
Blake Gaylord is a partner practicing in the field of eminent domain and property rights. He has successfully represented property owners statewide in jury trials, bench trials, and administrative and Value Adjustment Board proceedings. Prior to joining the firm, Blake served as an officer in the U.S. Army where he was deployed in both Operation Iraqi Freedom (Kuwait) and Operation Enduring Freedom (Afghanistan). Professionally, he has served as the Chairman of the Eminent Domain Committee of...
Background Cary Gaylord has represented clients in over 30 counties in Florida as well as in the federal courts and courts of Illinois and Georgia. He has handled cases involving large vacant parcels, churches, national big box retailers, shopping centers, gas station/convenience stores, fast food restaurants, supermarket chains, professional offices, farmers, retailers, grove operators, golf course owners, homeowners, as well as other properties both in eminent domain and inverse condemnatio...
Kenneth A. Jones has more than 40 years of experience practicing eminent domain, condemnation and property rights law. Ken has handled hundreds of eminent domain cases on behalf of individual and business property owners throughout Florida. He has defended his clients’ rights against government entities including the State of Florida Department of Transportation, South Florida Water Management district, Florida Gas, and various counties, municipalities and utility companies. His represe...
Background Lorena Hart Ludovici represents clients throughout the state of Florida. She has handled cases in Georgia, Louisiana and Texas. Her diverse clientele includes shopping center owners, retailers, supermarket chains, gas stations, restaurants, professional offices, cell tower owners, golf course owners as well as farmers, grove operators, home-owners and many others. Accomplishments .Ms. Ludovici's leadership in the field of eminent domain includes chairing The Florida Bar's eminent d...
Accomplishments Ms. Merlin has held several leadership positions in eminent domain during her career. These include: Chair of the ABA Condemnation, Zoning and Land Use Committee (1982 - 1985); Chair of the Florida Bar Eminent Domain Committee (1993 - 1994); Co-Chair of the Hillsborough County Bar Association Eminent Domain Committee (1997-1998) and member of the Florida Bar Eminent Domain Practice and Procedure Steering Committee (1999 - present). Her proudest career accomplishment is institu...
Bill Moore is a partner in the firm, Moore Bowman & Reese, P.A., located in the Sarasota office. He began his private practice in 1978 and has more than 35 years of legal experience. Mr. Moore represents clients throughout Florida and, while involved in all areas of eminent domain, from initial proceedings through appeal, he has developed a special interest in the expansion of private property protection via inverse condemnation actions and due process challenges. Prior to private practic...
Michael R. Whitt is a trial-tested attorney with more than 30 years of experience, concentrating his trial practice in the areas of business litigation, eminent domain and real estate disputes. Mike’s experience includes a wide array of business and real estate litigation, including contract disputes, eminent domain, zoning and land use, boundary and title disputes, housing discrimination, defense of ADA claims, community association litigation, as well as trademarks, trade secrets, con...
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