Question 1

What is an order of taking in Florida eminent domain?

Accepted Answer

An order of taking is a court order in an eminent domain (condemnation) proceeding that transfers title to the condemning authority before the full compensation amount is determined. In Florida (Chapter 73): the condemning authority files a petition and deposits an estimated good faith deposit of the property’s fair market value. The court enters the order of taking: transferring title (or the specified interest) to the condemning authority, authorizing the property owner to withdraw the deposit, and the owner retains the right to contest the compensation amount at a later jury trial.

Question 2

What are the property owner’s rights after an order of taking?

Accepted Answer

Owner rights: withdraw the deposit (the owner can withdraw the deposited amount without prejudice to their right to contest the final compensation), contest the compensation (the owner has the right to a jury trial to determine the full and fair compensation, which may be significantly more than the initial deposit), recover attorney fees and costs (Section 73.091: the condemning authority must pay the owner’s reasonable attorney fees, appraisal fees, and costs), and claim business damages (Section 73.071(3)(b): the owner can claim damages for loss of business goodwill and other business damages caused by the taking).

Question 3

What is "full compensation" in Florida eminent domain?

Accepted Answer

Full compensation: the Florida Constitution (Article X, Section 6) requires "full compensation" for a taking, which includes: fair market value (the price a willing buyer would pay a willing seller, both fully informed and neither under pressure), severance damages (the reduction in value of the owner’s remaining property caused by the taking), business damages (Section 73.071(3)(b): lost profits, lost goodwill, and relocation costs), and attorney fees and costs (Section 73.091: the condemning authority pays the owner’s fees). Florida’s full compensation requirement is broader than the federal "just compensation" standard.

Order of Taking

Order of Taking in Florida Eminent Domain

Process

Owner Rights

Full Compensation

Related Terms

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