Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Legal Descriptions for a Condemnation: They Gotta Match — But They Need to be Clear, Too!

By Carlos Kelly on September 14, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

I regularly preach that a condemning authority must make sure the legal description in the resolution must match the legal description appraised by the appraiser, and must match the legal description in the petition in eminent domain. Pretty straight-forward.

A decision from this summer points out that the legal description must be clear, also.

In the Altman v Brevard County decision, the County used an easement description having two possible boundaries for one side of the easement. The Fifth District Court of Appeal found that the conflicting easement boundaries in the legal description rendered the County’s petition in eminent “fatally defective” and reversed the trial court’s order of taking.

In the Altman case, the offending legal description attached to the resolution specified an easement with a westerly boundary “at either the 14-foot elevation contour line or the seaward edge of the eroded dune bluff, depending on which was further seaward.” The appellate court said “the County should have determined which potential boundary line was further seaward and petitioned for an easement with that boundary line.”

The lesson for condemning authorities is clear: make sure that the legal description for the property has a single boundary, rather than multiple potential boundaries.

We regularly represent condemning authorities in eminent domain. If you need help with a project, please get in touch with us. I may be reached at carlos.kelly@henlaw.com or by phone at 239-344-1326.

Photo of Carlos Kelly Carlos Kelly

Carlos represents business clients in partner/shareholder disputes, fraud and intentional interference claims, and various contract-based claims. He also represents clients in eminent domain, inverse condemnation, Bert J. Harris, Jr., Private Property Rights Protection Act claims, purchase and sale disputes, real estate broker/agent…

Carlos represents business clients in partner/shareholder disputes, fraud and intentional interference claims, and various contract-based claims. He also represents clients in eminent domain, inverse condemnation, Bert J. Harris, Jr., Private Property Rights Protection Act claims, purchase and sale disputes, real estate broker/agent defense, and commercial landlord/tenant claims.

Carlos received his undergraduate degree from Florida State University, magna cum laude, and his J.D. from Emory University. He may be reached at carlos.kelly@henlaw.com.

Read more about Carlos KellyEmailCarlos's Linkedin ProfileCarlos's Twitter Profile
Show more Show less
  • Posted in:
    Real Estate & Construction
  • Blog:
    The Legal Scoop on Southwest Florida Real Estate
  • Organization:
    Henderson, Franklin, Starnes & Holt, P.A.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo