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Eminent Domain law Section Chairs : RyanReese – MooreBowman & Rix , P . A ., JenniferMott – FDOT , & AloymaSanchez – FDOT
everycaseisunique andcanimplicatea handfulofproperty andnon-property relateddisciplines , legalorotherwise .
Isuspect most laypeople , and perhaps even some attorneys , aren ’ t quite certain what the practice of “ eminent domain law ” entails . Sure , most understand the concept as the government ’ s ability to procure private property for public uses . But few likely understand the precise nature of the practice and the multitude of non-legal disciplines implicated .
This article provides a bird ’ s eye view into those disciplines and applies to both sides ’ attorneys , i . e . whether you ’ re condemning property for a governmental entity , or defending impacted landowners .
In any eminent domain case , the first , and most fundamental discipline triggered , is ownership . Attorneys for both sides must have a sound understanding of the types of estates and interests in real property , and how conveyancing / encumbering via deeds , leases , mortgages , easements , and the like , impacts one ’ s title . Attorneys apply these principles to determine those parties interested in a particular property who may be indispensable to the eminent domain proceeding .
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