Question 1

How do you file an inverse condemnation claim in Florida?

Accepted Answer

Filing an inverse condemnation claim in Florida: (1) Document the government action that caused the taking or damage (photographs, surveys, engineering reports, correspondence). (2) Engage a real estate appraiser to determine the value of the property taken and any severance damages. (3) File a complaint in circuit court in the county where the property is located. (4) The complaint must identify the government entity, describe the taking or damage, establish that the action was for a public purpose, and state the amount of just compensation claimed. (5) Serve the complaint on the government entity. The statute of limitations for inverse condemnation claims in Florida is four years from the date the taking occurred or became apparent.

Question 2

What is the burden of proof in a Florida inverse condemnation case?

Accepted Answer

The property owner bears the initial burden of establishing: the government entity took an action that constitutes a taking or damaging of private property, the action was for a public purpose, the owner suffered a loss of property value or use, and the government has not provided just compensation. Once the owner establishes these elements, the burden shifts to the government to justify its action (such as arguing that the regulation does not constitute a taking or that the owner has not been deprived of all economically beneficial use). The standard of proof is preponderance of the evidence. Expert testimony (appraisers, engineers, planners) is typically essential for both liability and damages.

Question 3

Are attorney fees available in Florida inverse condemnation cases?

Accepted Answer

Yes. Section 73.091, Florida Statutes, provides that the condemning authority (government entity) must pay the property owner’s reasonable attorney fees and costs in eminent domain proceedings. Florida courts have extended this right to inverse condemnation cases, reasoning that the property owner should not be penalized for having to initiate the proceeding when the government failed to initiate formal condemnation. The attorney fee award is based on the benefit obtained for the property owner (the difference between the government’s initial offer and the final judgment or settlement). This fee-shifting provision makes inverse condemnation claims financially viable for property owners.

Inverse Condemnation Claim: in Florida

Filing an Inverse Condemnation Claim in Florida

Filing Procedure

Burden of Proof

Attorney Fees

Related Terms

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