Can I get land back from eminent domain?

I have found out that my deceased mom owned land in Florida. The taxes were deliquent since 98 and now the county owns it. I was a minor when she passed away, her estate had not been notified of the land during her will reading and such. The land to my knowledge was taken by eminent domain. Do I have any legal recourse to gain this land back or at least the $$ because of the fact that none contacted me or next kin to give us a chance to either pay the taxes or sell the property? Can the county take land that is owed by an out of state resident,,,the land address for mailing was my moms home out of state but once that house was sold and I was a minor there was no forwarding address given.

Public Comments

  1. NO!!!!! Thanks to the Kelo decision by the US Supreme Court they can take you land for whatever reason and there is no legal recourse
  2. You can try. Consult an attorney.
  3. That doesn't sound like Eminent domain. It sounds like they took the property because of the back taxes due.In which case they probably sold the property at public auction. You can have an attorney check it out, but don't get your hopes up.
  4. Eminent Domain is when they take your land to build something on. They have to pay you for it at Fair Market Value. You have the right to appeal, usually as a group with the other affected landowners. Your mom's land was seized for Delinquent Taxes. That's a whole different ball game. If the County hasn't auctioned the land off, you can try to negotiate a settlement on the back taxes. County Governments would usually rather have the money than the land. If they have sold it, there's not much you can do. They made a good faith effort to contact the owner based on the info they had.
  5. uh...you have 2 different issues. If the land was sold for unpaid taxes, your family and/or the estate were responsible for getting them paid; the state had the right to sell for unpaid taxes and they did. Emminent domain is government taking the property for it's needed use with fair payment for the value. You can't get it back from that either.
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