Question 1

What appraisal methods are used to determine just compensation in Florida?

Accepted Answer

Three primary appraisal methods: (1) Sales comparison approach: compares the subject property to recent sales of similar properties, adjusting for differences in size, location, condition, and features. This is the most commonly used method for residential and vacant land. (2) Income approach: capitalizes the property’s income stream using a capitalization rate derived from market data. This is used for commercial and rental properties. (3) Cost approach: estimates the cost to reproduce the improvements minus depreciation, plus land value. This is used for unique or specialized properties (churches, schools, government buildings). Florida courts accept all three approaches, and expert appraisers typically use multiple methods to support their valuation.

Question 2

What is the "before and after" rule in Florida eminent domain?

Accepted Answer

The "before and after" rule is the standard method for calculating compensation in partial takings: "before" value is the fair market value of the entire property immediately before the taking (as if the government project did not exist), "after" value is the fair market value of the remainder immediately after the taking (considering the impact of the government project on the remaining property). The difference is the total compensation owed. This method automatically captures: the value of the part taken, severance damages (reduced value of the remainder), and special benefits (increased value of the remainder). The property owner is entitled to the net difference.

Question 3

Can Florida property owners challenge a low just compensation offer?

Accepted Answer

Yes. If the property owner believes the government’s offer is too low: (1) Hire an independent appraiser to prepare a competing valuation. (2) File an answer to the condemnation petition disputing the offered amount. (3) Participate in mediation (if required by the court). (4) Demand a jury trial on the compensation amount. (5) Present expert testimony at trial supporting a higher value. The condemning authority must pay the owner’s reasonable attorney fees and costs (Section 73.091), which significantly reduces the financial burden of challenging a low offer. Most eminent domain cases settle before trial, but the credible threat of trial with a strong appraiser motivates fair settlements.

Just Compensation Standards

Just Compensation Standards in Florida Eminent Domain

Appraisal Methods

Before and After Rule (Partial Takings)

Challenging Low Offers

Related Terms

Barnes Walker Eminent Domain

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