- The condemning authority must be a public body, and not a public utility or private condemning authority that has been delegated eminent domain power by the Legislature.
- The taking of the property must be for right of way.
- The taking must include only part of a property, as Florida does not allow recovery for a business loss if it relates to a total taking.
- The business operating on the property (including any predecessor business) must have been established five years prior to the date of the taking.
If you are seeking a Tampa eminent domain attorney, you should know that Mark Bentley, P.A. firm has advised and represented numerous property owners and local governments around Florida concerning their eminent domain rights. Unlike many eminent domain law firms, our Tampa eminent domain attorney firm has extensive land use, environmental and administrative law expertise. That’s important when dealing with regulatory issues that can affect property valuation, impacts to the remaining property, and the ultimate compensation received by the client, be it an owner, tenant, billboard company or business. Our Tampa eminent domain attorney firm also represents clients whose land values have been burdened by governmental actions, through the Bert J. Harris, Jr. Private Property Rights Protection Act, set forth at Section 70.001, Florida Statutes. Notably, Mark Bentley, who heads our Tampa eminent domain attorney firm, has authored “Understanding The Florida Eminent Domain And Land Use Dispute Resolution Act,” the most comprehensive article on the subject, and which is cited by Florida Statute Annotations. This law is considered a companion to the Harris Act and provides an alternative form of dispute resolution. Mark Bentley was co-author of the Florida Bar's Eminent Domain Practice and Procedure Manual of the chapter, "The Exercise Of The Power of Eminent Domain and The Constitutional Limitations On That Power." Mr. Bentley has achieved membership in the "American Institute of Certified Planners" (AICP) as a result of his experience, education and achievement in the area of professional land planning. Looking for a Tampa eminent domain attorney, a St. Petersburg eminent domain attorney, a Tampa Bay eminent domain attorney or even a Florida eminent domain attorney? Look no further than Mark Bentley, PA. We service areas within Tampa Bay Area including: St. Petersburg, Hillsborough, Pasco, Polk, Citrus, Pinellas, Hernando, Sumter, Manatee-Sarasota, Florida's Central and West Coast Counties. To find out more, get in touch by visiting our contact page and filling out the form or call us at (813) 223-5050.