Question 1

What is inverse condemnation in Florida?

Accepted Answer

Inverse condemnation is a legal action filed by a property owner against a government entity when the government has taken or damaged private property for public use without initiating formal condemnation (eminent domain) proceedings and without paying just compensation. Unlike eminent domain (where the government initiates the taking), inverse condemnation is initiated by the property owner seeking compensation. In Florida, the right to just compensation is guaranteed by both the Fifth Amendment to the U.S. Constitution and Article X, Section 6 of the Florida Constitution. Inverse condemnation claims arise when the government’s actions effectively deprive the owner of the use and enjoyment of their property.

Question 2

What types of government actions can trigger inverse condemnation in Florida?

Accepted Answer

Florida inverse condemnation claims can arise from: physical takings (government physically occupies or floods private property), regulatory takings (government regulation eliminates all economically beneficial use of the property), temporary takings (government temporarily restricts use during permitting or litigation), damage to property from government projects (construction of roads, drainage systems, or utility projects that damage adjacent private property), flooding caused by government infrastructure (inadequate drainage, changed water flow patterns), and denial of development permits that eliminates all reasonable use. The Florida Supreme Court has held that even temporary flooding caused by government action can constitute a compensable taking.

Question 3

How is just compensation determined in a Florida inverse condemnation case?

Accepted Answer

Just compensation is the fair market value of the property taken or the diminution in value of the remaining property. In Florida, the property owner is entitled to: full compensation for the value of property physically taken, severance damages (the reduction in value of the remaining property caused by the taking), business damages (lost profits from a business on the property, under certain conditions), and attorney fees and costs (the government pays the property owner’s reasonable attorney fees in eminent domain and inverse condemnation cases under Section 73.091). Compensation is determined as of the date of the taking. Property owners should obtain appraisals from qualified real estate appraisers experienced in condemnation matters.

Inverse Condemnation

Inverse Condemnation in Florida

Types of Government Takings

Just Compensation

Related Terms

Barnes Walker Condemnation Practice

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