All posts by : Edgar Lopez

Eminent domain—the government’s authority to take private property for public use—is often viewed as a modern legal issue. However, its origins span thousands of years, from ancient monarchies to early American political theory. Understanding its history provides essential context for how we protect property rights today.

Ancient Foundations of Eminent Domain

Long before legal codes, rulers in Mesopotamia and ancient Egypt regularly took land and labor to support the public good. Property was often seized for irrigation systems, temple construction, and royal tombs.

Because land was considered the domain of kings or pharaohs, takings were rarely questioned and compensation was almost unheard of.

However, in the Roman Empire eminent domain began to take legal form. The state had the right to claim land for roads, aqueducts, and forts, but it was expected to provide compensation. This balance between public interest and private rights would become a legal precedent in Western law.

Eminent Domain in Medieval and Early Modern Europe

During the Middle Ages, European monarchs took land for military fortifications and royal castles as a matter of necessity. However, such powers were increasingly challenged:

• In 1215, the Magna Carta limited English royal authority and asserted that property couldn’t be seized without due process.

• In the 1620s, Dutch jurist Hugo Grotius became one of the first to argue that just compensation must accompany any public taking.

• By 1689, the English Bill of Rights reinforced the principle that private property was a core civil liberty.

These developments laid crucial groundwork for modern notions of property rights and shaped the way governments would justify and regulate land seizures in centuries to come.

Eminent Domain in the American Colonies

In early America, British authorities exercised eminent domain-like powers during the Siege of Boston (1775–1776) by seizing private property for military fortifications. Compensation was inconsistent, and the practice fueled growing resentment.

The U.S. Constitution and Property Rights

By the time the U.S. Constitution was drafted in 1789, protecting private property was a core concern. Influenced by John Locke and other Enlightenment thinkers, the Fifth Amendment declared:

“…nor shall private property be taken for public use, without just compensation.”

This clause formally recognized both the necessity of eminent domain and the rights of individuals to be fairly compensated.

Florida’s Modern Approach to Eminent Domain

Florida’s Constitution strengthens these protections in Article X, Section 6  which requires that any taking must be for public use and include full compensation.

• Full compensation includes the value of the taking and severance damages, as well as reasonable fees and costs.

• Attorney’s fees typically consist of an amount equal to a percentage of the benefit achieved to the owner, paid in addition to the owner’s recovery.

In 2005, the Supreme Court’s Kelo v. City of New London decision expanded the definition of “public use,” allowing governments to transfer property from one private owner to another for economic development. Florida responded to this decision with laws prohibiting any such transfers.

These provisions reflect centuries of legal evolution, from Egyptian temples to American highways, eminent domain has long been used to serve the public good. But as history shows, the legitimacy of this power depends on protecting private rights. Florida’s legal framework continues the tradition of ensuring that when the state must take, it also must compensate.

When the government takes your property for public use, you may feel like you are losing out on a significant investment. However, the Florida Constitution guarantees you certain terms of compensation for any land appropriated under eminent domain.

How is full compensation calculated?

Full compensation in Florida almost always considers three factors:

1. Your property’s fair market value – In an ideal situation, the government would compensate you the same amount you initially paid for your property. However, depreciation and real estate market fluctuations can change your compensation offer significantly. The government appoints appraisers to evaluate your land and come up with a number that reflects the amount of money you would receive if you sold the land privately. Oftentimes, the government selects these appraisers based on their tendencies to evaluate property on the lower end of the land’s market value. A skilled eminent domain lawyer can help you determine whether your appraisal was fair and accurate, which can help you receive better compensation.
2. The market value decrease in your remaining property – An eminent domain action may seize only a portion of your property. As a result, the property that remains may diminish in value. In full compensation, the government would address that drop in market value in their eminent domain offer.
3. Legal costs associated with your case – As with any legal agreement with the government, consulting an experienced attorney can help streamline the process and protect your interests. If you appeal the government’s initial appraisal of your property, you may incur significant legal expenses. Since attorney’s fees are an expected part of the eminent domain proceedings, the government may offer compensation to cover those costs.

What other factors may affect compensation?

In some cases, you may be entitled to business damages. If your business operated for at least five years on the property and the government does not take the full property, the loss of property could initiate costly changes or affect your everyday operations. In these instances, you can file a business damages claim within 180 days of your statutory notification. If the government takes your property whole, you would not be eligible for business damages.

An eminent domain action may mean uprooting your family or business and relocating, especially if the action claims most or all of your property. The government may cover your relocation costs in certain cases.

Review your offer with an attorney first

An attorney cannot help you prevent your property from being taken under eminent domain, but a skilled eminent domain lawyer can ensure that you receive full and fair compensation for the loss of your property.

Upon completion of its project development and environmental study, along with a preliminary traffic and revenue estimate, Florida’s Turnpike Enterprise concluded that revenue from the tolled lanes from its proposed project could only support 25-30% of the project costs. As a result, it will not be moving forward with the project.

The concept would have widened Colonial Parkway/ SR 50. The discarded plans included new travel lanes and new limited access toll lanes for a total of ten lanes as well as a design to reduce congestion, add continuous sidewalks and multi-use trails, and improve pedestrian and bicycle safety.

COVID-19 has taken lives and disrupted lives in virtually every possible way. The impact to Florida’s economy could be particularly harsh. How long the battle lasts and the long term damage remain to be seen. Unfortunately, much of what has happened and is to come lies outside of our individual control, and that doesn’t feel good. As an alternative to panicking or running under the covers and binge watching Netflix, the best remedy for pandemic blues is likely doing whatever it is each of us does best. For us at HHBL, that’s representing our clients in eminent domain cases.

Indeed, during this pandemic, while adhering to all applicable orders and safety recommendations, we haven’t missed a beat. Each day we dedicate ourselves to responding to our clients’ needs, making sure their rights are protected, and moving closer to their goals at every opportunity. Over the past weeks, clients have routinely asked us to predict what the impacts of COVID-19 will be on their own cases and circumstances. Lacking a crystal ball, we often have to admit that we’re in part guessing and respond with our best predictions based on our training and experience. Usually, these interactions seem to bring comfort to our clients, as they’re then reminded that they have a team on their side covering their eminent domain needs. They can feel good knowing that eminent domain is at least one thing they don’t need to worry about. Regardless of the circumstances, we do our job, and doing our job makes us happy.

Osceola County is planning on spending $210 million dollars within the next few years on road projects. The cash is available thanks to approximately $309 million in bonds sold in January 2020 to refinance the Osceola Parkway and existing reserves. The road projects moving to the front of the line include Neptune Road, Simpson Road, Boggy Creek Road, Bill Beck Boulevard, Poinciana Boulevard and Partin Settlement Road. Appraisers will likely soon be hired so that the county may begin purchasing property and shortly thereafter condemning property for the road projects through eminent domain lawsuits. Osceola County property owners don’t have to deal with the county and its team on their own. We can help. While we are unlikely to recover $210 million dollars for you, we’ll make sure that your property rights are protected and that you get your fair share.

The toll roads are coming, likely through a neighborhood near you. The Florida Department of Transportation (“FDOT”) and the M-Cores task force are working to advance plans pertaining to the Suncoast Connector, the Northern Turnpike Connector, and the Southwest-Central Florida Connector. Routes for these projects could be known as early as January 2020.

The Suncoast Connector study corridor covers the eastern portion of the panhandle, from Citrus County to Jefferson County. The Northern Turnpike Connector would extend from the northern terminus of Florida’s Turnpike to the Suncoast Parkway. And the Southwest-Central Florida Connector would then extend from Polk County to Collier County. Combined, the study areas include approximately 20,000 square miles, 77 cities and towns, and 21 Florida counties, approximately one third of all counties.

M-Cores is short for Multi-Use Corridors of Regional Economic Significance. According to FDOT, the M-Cores program is “intended to revitalize rural communities, encourage job creation and provide regional connectivity while leveraging technology, enhancing the quality of life and public safety, and protecting the environment and natural resources.”

If the M-Cores program succeeds with its objectives, Florida will have changed significantly. To the delight of some and the chagrin of others, major chunks of Florida will be much more accessible.

Of course, roads cannot be built without land. Many property owners will become subject to eminent domain if these roads are to be built. Eminent domain is the government’s power to take private property for public use. If the government has reasonable necessity and a public purpose for the taking, it will generally succeed in taking the property, even over the owner’s objection. Such an owner would then be due full compensation for the taking.

Pursuant to Florida law, attorneys and experts that work on behalf of property owners are paid for by the condemning authorities, which for these roads would be FDOT. Attorney compensation is typically based on how well they do for the owners.

While the government plows forward with ambitious infrastructure projects, owners don’t have to fend for themselves as they battle the state or if they just want someone on their side to walk them through the process and honestly let them know what to expect. Indeed, eminent domain attorneys are often happy to use their talent and resources even years ahead of a potential taking in order to keep owners up to date and monitor projects, such as those being considered by FDOT’s M-Cores task force. You may consider the attorney’s law firm your own task force; and it shouldn’t cost you a penny.