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02/27/2020 – Highest and best use in eminent domain cases

February 27, 2020 2:47 pm
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When the government takes property for a public purpose in Florida, the property must be valued according to its highest and best use. “Highest and best use” generally means the reasonable use of a vacant land that is easily supported, is feasible from an engineering perspective and is physically possible. It is the use that produces the highest value regardless of how the land is actually being used. For example, land currently being used for an agricultural purpose (e.g. grazing livestock) may have a highest and best use of commercial development. In that instance, the land would be valued as commercial. Notably, the condemning authority and landowner can can still disagree about value even when there is agreement about the land’s highest and best use.

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This post was written by Kurt Bauerle

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