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.
11/21/2019 – Taking private property for a public purpose
The government has the power to take your property for a public purpose, but that power is limited by the requirement that it must pay full compensation. Full compensation includes not only the value of the part of your property that is taken, but also any reduction in value to your remaining property caused by the taking. It also includes your attorney’s fees and expert costs.
There can be a lot of disagreement about the value of your property and impacts to your remainder. Our favorite part of practicing law is making sure our clients are treated fairly, and that they receive the “full compensation” they deserve.