What Is a Condemnation Proceeding?
Under the Fifth Amendment to the U.S. Constitution and Article X, Section 6 of the Florida Constitution, the government has the power of eminent domain—the authority to force a private citizen to sell their real estate to the state for a "public purpose" (such as widening a highway, building a new school, or installing utility lines).
A condemnation proceeding is the actual lawsuit the government files in civil court to exercise this power. In Florida, the government (the condemning authority) files a "Petition in Eminent Domain" naming the property owner as the defendant.
The Fight for "Full Compensation"
In a condemnation proceeding, the government is not arguing over whether they can take the land—they almost always win that argument, provided the project truly benefits the public. The entire purpose of the lawsuit is to determine exactly how much money the government must pay the homeowner.
Florida law is highly favorable to property owners, guaranteeing them full compensation. This means the jury must award the owner not just the fair market value of the dirt and the house, but also severance damages (if the government is only taking a slice of the front yard and ruining the property's aesthetics) and business damages (if the taking destroys a commercial tenant's livelihood).
Order of Taking
Florida utilizes a "quick-take" procedure. Early in the condemnation proceeding, the government can schedule an Order of Taking hearing. If the judge approves the order, the government must deposit their estimated value of the property into the court registry. Once the money is deposited, the government instantly gains title to the land and can begin bulldozing the property immediately—long before the jury trial to determine the final, higher payout even happens.
Related Terms
- Eminent Domain — The underlying governmental power
- Fair Market Value — The primary metric debated in the proceeding
- Civil Complaint — The Petition in Eminent Domain that starts the proceeding
Barnes Walker Eminent Domain Defense
Florida is one of the only states where the government is legally required to pay the property owner's attorney's fees in an eminent domain case. Barnes Walker's trial attorneys represent landowners in condemnation proceedings at absolutely zero out-of-pocket cost to the owner, fighting to maximize their full compensation payout. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 73–74
Governs the power of government entities to acquire private property for public use, including the requirement of full compensation and the order-of-taking process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC