Condemnation

What Is Eminent Domain?

Eminent domain (also called condemnation) is the power of the government or an authorized entity to take private property for public use. The Fifth Amendment to the U.S. Constitution and Article X, Section 6 of the Florida Constitution both require that the property owner receive just compensation when their property is taken.

Common reasons for eminent domain include road widening, utility infrastructure, school construction, drainage improvements, and public transit projects.

Florida Eminent Domain Process

Florida eminent domain proceedings are governed by Chapter 73, Florida Statutes:

1. Determination of public purpose — The condemning authority (state, county, city, or utility) determines that the taking serves a valid public purpose.
2. Appraisal — The authority obtains an appraisal of the property's fair market value.
3. Good faith offer — The authority must make a written good faith offer based on the appraisal. Under Section 73.015, the offer must include a written appraisal report.
4. Negotiation — The property owner can accept the offer, negotiate, or reject it.
5. Petition filed — If no agreement is reached, the authority files a petition in circuit court and deposits the estimated compensation with the court.
6. Order of taking — The court can issue an order of taking allowing the authority to take possession before the compensation dispute is resolved.
7. Jury trial on compensation — The property owner has the right to a jury trial to determine the full amount of just compensation.

Full Compensation in Florida

Florida provides broader protection than federal law. Under Section 73.071, the property owner is entitled to:

• Fair market value of the property taken
• Severance damages — Reduction in value to the remaining property if only a portion is taken
• Business damages — Lost profits and relocation costs for businesses on the property
• Attorney fees and costs — If the jury award exceeds the authority's initial offer by more than 25%, the authority pays the owner's attorney fees

Related Terms

• Condemnation — The legal process of exercising eminent domain
• Assessed Value — Not the same as fair market value for compensation purposes
• Encumbrance — Government taking is a type of involuntary encumbrance

Barnes Walker Eminent Domain Representation

Barnes Walker's litigation attorneys represent property owners in eminent domain proceedings, fighting for full compensation including severance damages, business damages, and attorney fees. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC