All Your Questions, Answered.​

Eminent domain is the power of the government and certain private entities to take private property for a “public purpose.” Federal and state governmental agencies (such as the Florida Department of Transportation, school boards, counties, cities, towns) have the power of eminent domain, as do certain private entities, such as utility companies. If you are faced with an eminent domain taking, understanding the process – and your rights – is essential.

TERMS TO KNOW

CONDEMNATION
The process that a condemning authority uses to acquire private property for a public purpose.
TAKING
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.
CONDEMNING AUTHORITY
Government entities and some private companies such as public utilities that have the power of eminent domain.
FULL COMPENSATION
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.
EMINENT DOMAIN
This is the power to acquire private property.

KNOW YOUR RIGHTS (FAQ)

This includes:

  • The fair market value of your property and improvements made.
  • The reduction in value of your remaining property caused by the taking.
  • Business damages in some cases.
  • Your moving and/or relocation costs in some cases.
  • Your attorney’s fees and costs associated with the taking.

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.

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.

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.

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.

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.

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