Becker & Poliakoff, P.A. has several attorneys with experience in eminent domain cases. Each brings significant knowledge of the eminent domain process, from initial planning and property acquisition procedures to litigation, if needed, and ultimately, resolution. We work hard to resolve potential eminent domain disputes at the earliest stage possible to achieve our client's goals and we take pride in keeping our "eyes on the prize" by promoting mediation and early settlement when appropriate. The Firm's experience in Construction Law gives us the added advantage of understanding design and construction issues related to property takings for new construction which helps minimize potential business and severance damages resulting in cost and time savings for our clients.

The Firm's attorneys have been effective in a wide variety of eminent domain cases both representing governmental entities as well as private businesses and individual property owners. The parcels taken ranged in value from a few thousand to several million dollars, and each parcel was seen to conclusion. The damages for each taking varied, and included restoration of the property, business damages, and severance damages. The Firm has negotiated land swaps, settlements for partially demolished structures, and rental agreements for extended possession. In each of these cases, our attorneys have worked closely with property and business appraisers, construction personnel, traffic engineers, and other experts in determining the value of the claim and the strategy of the proceeding.

Our list of governmental clients where we have been counsel for the Taking authority include Miami Dade County Expressway Authority, Broward County, Town of Davie and Palm Beach County. Eminent domain services have included: reviewing title work and surveys to determine the proper parties for suit; preparing the resolutions of necessity and public purpose; pre-litigation notices to the property owners; eminent domain petitions, declarations of taking and estimates of value; summons to show cause; lis pendens, etc.

Examples of various government representation include:

Miami Dade Expressway Authority
The Firm was selected through a competitive RFP process to serve as Special Counsel to the Expressway Authority on its major multi-year land taking program for expansion of several expressways, including hundreds of individual parcels of land in Miami Dade County.

The Firm advised MDX and its Right of Way acquisition agent on eminent domain issues and procedures on both the SR836 Extension Project and the SR112 Interconnector Project. Legal services provided in various projects range from preparing interlocal agreements, professional service agreements, purchase and sale agreements, leases, licenses, construction contracts as well as handling and overseeing the acquisition and condemnation of right of way for various projects. Acquisitions have included numerous and varied properties, both residential and commercial. The scope of representation has included handling or advising on all the filings, written offers or other notices; meeting all conditions precedent to the filing of eminent domain actions; the actual filings to acquire the property by eminent domain; and related litigation and resolution.

Palm Beach County

• v. Verza., et al. - partial taking of nursery with business damages.
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• v. Robert V. McAninch, et al. - multi-parcel eminent domain on commercial property with appraisal, severance and cure issues.
  
  
• v. Thompson, et al. - partial taking of two business, a service station with cure and business damages and an industrial office building with environmental concerns.
  
  
• v. Craigmiles, Zamecnik and Stewart - taking of property for airport expansion
  
  
• v. Zamecnik - (Appeal) - successful appeal affirming the above taking
  
  
• v. Wilson - taking of property for airport expansion
  
  
• v. KIR Boynton - taking of property for roadway expansion

In addition, the members of the Firm routinely represent property owners around the state in condemnation matters. Becker & Poliakoff, P.A. has represented residential and commercial property owners involving unlawful takings involving claims under 42 USC Section 1983; plus, business injury, environmental, appraisal, severance and cure issues.