Question 1

What relocation assistance is available in Florida eminent domain cases?

Accepted Answer

FL relocation (Section 73.071, 42 U.S.C. 4601): when property is taken through eminent domain, displaced owners and tenants are entitled to: relocation advisory services (assistance in finding replacement property), moving expenses (actual reasonable moving costs; for residential: actual moving expenses or a fixed payment schedule), replacement housing payments (for displaced homeowners: the cost of purchasing a comparable replacement dwelling; for tenants: the additional rent for a comparable unit for up to 42 months), and business relocation (actual moving costs, searching costs, and re-establishment expenses up to specified limits).

Question 2

Who qualifies for relocation assistance in Florida?

Accepted Answer

Eligible: residential (owners and tenants displaced from their primary residence by the government’s acquisition), businesses (any business displaced from its operating location), farms (agricultural operations displaced from their farmland), and nonprofit organizations (organizations displaced from their operating location). The displacement must be: caused by the government’s acquisition of the property (not by voluntary sale or private action), and the displaced person must actually move (or be required to move) as a result of the acquisition.

Question 3

What is the difference between just compensation and relocation assistance?

Accepted Answer

Distinction: just compensation (Article X, Section 6 of the Florida Constitution: the fair market value of the property taken; this is the constitutional minimum the government must pay for the property itself), and relocation assistance (additional payments beyond just compensation: moving expenses, replacement housing costs, and business re-establishment costs; these are required by statute, not the constitution). Both are paid by the condemning authority. The property owner should claim both: just compensation for the property and relocation assistance for the costs of moving.

Relocation Assistance in Eminent Domain

Relocation Assistance in Florida Eminent Domain

Benefits

Who Qualifies

vs. Just Compensation

Related Terms

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