By Claire Carter, Esq., Associate
Published in FAHROgram September/October 2018 edition
Paul M. Quin, Esq., a partner at Saxon Gilmore & Carraway, P.A. (“Saxon|Gilmore”), and Claire B. Carter, Esq., an associate at Saxon|Gilmore, were successful in achieving the initial step in an eminent domain action filed on behalf of the Housing Authority of the City of Tampa, Florida (“THA”). Eminent domain, as authorized by Article X, Section 6 of the Florida Constitution and Chapter 73 and 74, Florida Statutes, is the power of a governmental entity to take private property for a public use, in exchange for full compensation to the owner.
THA filed the Petition in Eminent Domain seeking to acquire property located in Hillsborough County, Florida to develop a mixed income affordable housing project in furtherance of its mission and purposes under Chapter 421, Florida Statutes. The project will provide housing for seniors and families, with a retail component and educational opportunities targeted to serve the community. THA filed a Declaration of Taking applying for an order that title to the property vest in THA in advance of a final judgment. A hearing was held on July 31, 2018, where the Court entered an Order of Taking, finding that THA, in the proper exercise of its delegated authority, was entitled to possession of the property for a project which is necessary for a public purpose.
Claire Carter is an associate with Saxon|Gilmore. She practices in the areas of Creditors’ Rights, Commercial and Real Estate Litigation and Commercial and Real Estate Transactions. She can be reached at 813-314-4527 or ccarter@saxongilmore.com.