Eminent Domain Compensation in Florida
Eminent domain compensation in Florida is governed by Article X, Section 6 of the Florida Constitution and Chapter 73, Florida Statutes. The constitutional mandate requires that property owners receive "full compensation" for any property taken for public use, which Florida courts have interpreted more broadly than the federal "just compensation" standard.
Components of Full Compensation
- Fair market value: The value of the property (or portion taken) based on its highest and best use
- Severance damages: The reduction in value to the remaining property when only a partial taking occurs
- Business damages: Losses to an established business operating on the property (unique to Florida law)
- Relocation costs: Expenses of relocating a business or residence in certain circumstances
Florida's Property Owner Protections
Florida provides several protections that exceed federal minimums:
- Business damages: Florida is one of few states that allows compensation for business losses caused by the taking
- Attorney fee recovery: If the final judgment exceeds the government's last offer by 25% or more, the property owner recovers attorney fees and costs
- Full compensation standard: Florida's "full compensation" is broader than the federal "just compensation"
- Right to jury trial: The property owner can demand a jury determine the compensation amount
The Compensation Process
- Government obtains an appraisal and makes a written offer
- Property owner evaluates the offer and may counteroffer
- If no agreement, the government files a condemnation action in circuit court
- Both sides present appraisals and expert testimony at trial
- The jury determines the compensation amount
Related Terms
- Eminent Domain — The government's power to take private property
- Encumbrance — Claims that affect property valuation
- Equity — The owner's interest being compensated
Barnes Walker Eminent Domain
Barnes Walker's attorneys represent Florida property owners in eminent domain proceedings, fighting for full compensation including business damages, severance damages, and attorney fee recovery. 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