What is Eminent Domain? by Ginny Bolling

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Thank you. Hi there. Jenny Bowling with Pivotal Real Estate Investments. And I am constantly asked what it means when I say that I worked in eminent domain. And so that's what what this recording is to tell you. I typically worked for either the Florida Department of Transportation or an engineering firm that was hired by a city, county or the state to do work. It may be for utilities, it may be for telecommunications, including power company type work. In any case, the most strict of all is typically the Department of Transportation work because they have the most state federal laws that apply typically to the typical project. And so what would happen is I would work in the real estate group, which is called the right of way department, typically, and we would be receiving, for instance, appraisals and title work. The acquisition staff, I'd be overseeing acquisition, relocation, property management, business damage and suit preparation staff. And the typical progression is you get the appraisal and the title work, and the acquisition agents need to review it, get any questions answered before they meet with the property owner, who usually has an attorney because Florida pays for the owners to have attorneys and go meet, make the offer and start the negotiations. And if it's not real straightforward, for instance, on the property use like a house or something, if it's a commercial use, then the arguments usually come down to highest and best use, land use and zoning. So you have to get really well versed on that stuff. And the appraisers, of course, address it. But it's all negotiations. And so if the the area needed is going to take a lot of parking lot or you're cutting a building, you have all the different experts involved with advising where to cut, how to replace parking, if you can replace parking, or if we're going to pay business damages, a myriad number of puzzle pieces that we kind of move around and try to solve the problem and get to where we can have an amicable settlement and the owners are paid out of court and the attorneys are paid as well. And that's, that's the hunky dory route. And then if you think about it, if that we didn't use, most of us have not had title companies involved so we'd have to clear titles. So we're seeking subordinations and releases from banks and utility companies and whatnot, which is kind of a little known fact. It's a good, good thing know how to do though. And then we a lot of times are still negotiating right to the courthouse stairs if we have to condemn a property to. But, but you don't want to blow the schedule. You have to acquire the property by the deadlines or else you lose funding for the project. And that can take forever to get back. As it is, it takes 20 years to erode again. So. So it's kind of a unique business. But if anybody has questions, let me know. I'd be glad to help you. Well, I hope you enjoyed that.

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