The process that a condemning authority uses to acquire private property for a public purpose.
Government entities and some private companies such as public utilities that have the power of eminent domain.
This is the power to acquire private property.
An acquisition of private property by a condemning authority for a public purpose. The condemning authority files an eminent domain lawsuit in the county where the property it seeks to acquire is located.
The compensation you are guaranteed under the Florida Constitution when your property is taken by eminent domain. Full compensation means the condemning authority is required to reimburse your attorney’s fees and costs. This means you can hire the best representation without the payment coming out of your pocket.
This includes:
If the government takes my property, what am I entitled to receive?
Under the Florida Constitution, the owners of property taken are entitled to:
Florida law requires all condemning authorities to send property owners a written notice by certified mail at least thirty (30) days before filing an eminent domain lawsuit, advising the owner that the property will be taken and referencing the owner’s rights under Florida law.
Can I challenge it? Yes, you can challenge the taking by a condemning authority through the power of eminent domain. We will work with you to evaluate if the condemning authority is correctly and properly exercising its power of eminent domain.
If the government takes my property, what am I entitled to receive?
Under the Florida Constitution, the owners of property taken are entitled to:
Florida law requires that all condemning authorities make an initial written offer to the owner of the property it intends to take.
Should I accept the first written offer? You have the right to obtain your own valuation estimate prepared by experts retained on your behalf. As experienced eminent domain lawyers, we know the right experts to retain for all types of properties and cases. Our fee is based on how much better we do for you than the first written offer.
If the government takes my property, what am I entitled to receive?
Under the Florida Constitution, the owners of property taken are entitled to:
Upon request, the law requires the condemning authority to provide you with a copy of the appraisal report on which it is basing its offer and good faith estimate of value.
If the government takes my property, what am I entitled to receive?
Under the Florida Constitution, the owners of property taken are entitled to:
Every landowner is entitled to a 12-person jury trial to determine the amount of full compensation due to that owner for the taking by the condemning authority. A jury decides the facts of the case, including the monetary value or full compensation due.
If the government takes my property, what am I entitled to receive?
Under the Florida Constitution, the owners of property taken are entitled to:
Certain businesses may qualify for business damages. To qualify for business damages, a business must have been in business at least five years at the location of the taking, and the taking must be a partial taking. A business damage claim must be prepared and presented to the government within 180 days after the government provides the statutory notice to a business owner and there must be only a partial taking. If the entire property is taken, there are no business damages.
If the government takes my property, what am I entitled to receive?
Under the Florida Constitution, the owners of property taken are entitled to:
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