Eminent Domain Overview
1. WHAT IS EMINENT DOMAIN / CONDEMNATION?
• Condemnation is the power that the government, or any entity with governmental authority, may
invoke to take private property for a public purpose.
1. WHAT IS EMINENT DOMAIN / CONDEMNATION?
CONDEMNATION?
• Condemnation is the power that the government, or any entity with governmental authority, may
invoke to take private property for a public purpose.
• This is also known as the power of eminent domain.
domain
2. WHO CAN TAKE MY PROPERTY?
• The power to condemn private property has been delegated to the government through both
the Florida and United States Constitutions.
• Generally, all government entities have the authority to take private property by exercising the
power of eminent domain. The government has also delegated the power of eminent domain to
some public entities such as utility companies.
• The entity exercising the power of eminent domain is called the condemning authority. The
property sought for condemnation is called a parcel.
3. FOR WHAT REASONS CAN
CAN THE STATE TAKE MY PROPERTY?
• The condemning authority may only take your property for a necessary public purpose. Only a
judge can decide whether the condemnation of your property is for public or private purposes.
4. THE STATE WANTS TO TAKE MY PROPERTY! WHAT DO I NEED TO KNOW?
• First, understand your rights. Either research the law yourself, or seek the advice of a lawyer.
• In most eminent domain cases, your legal fees and costs are paid by the condemning authority
as part of full compensation to you, the property owner. Therefore, you have nothing to lose and
everything to gain by seeking the help of an experienced attorney.
• Understand the project and the impact it will have on your property:
o How much is being taken?
o What portion is being taken?
o For what reasons is it being taken?
o What kind of impact will the project have on your remaining property/business?
o Can the project be modified to lessen or avoid the impact on your property?
o Have all alternatives to the project been considered?
• Your lawyer can help you understand these issues.
5. WHAT IS THE CONDEMNATION PROCESS?
• The condemning authority is required to make an initial “good-faith” offer for the taking of your
property.
• If you feel that this offer is not an appropriate valuation of your property, and you cannot
negotiate a pre-suit settlement, the condemnor will initiate a lawsuit to take your property.
• The condemning authority must deposit the “good-faith estimate” with the court before it can
take your property. You may make a motion to withdraw this amount, without waiving your right
to claim additional compensation.
• The lawsuit will generally begin with an Order of Taking hearing. This is where a judge will
decide if the condemning authority can take your property.
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If the Court determines that the condemning authority can take your property, they can do so in
exchange for the deposited funds. You may withdraw these funds as soon as the Court releases
them, which is usually 30-45 days following the Order of Taking hearing.
It’s your turn next. You (and your legal counsel) prepare all the necessary reports, studies, and
findings as a counteroffer to the condemning authority.
Once the condemning authority has had sufficient time to review your counteroffer, the
settlement negotiations may begin.
Often, a formal settlement conference, also known as a mediation conference, is held to settle
your case. Most cases are settled either during or prior to mediation.
If the case is not settled at mediation, another round of mediation may be ordered, or the case
may be sent to trial.
6. WHAT KINDS OF THINGS ARE CONSIDERED IN DETERMINING “JUST COMPENSATION”?
• The market value of the property taken.
• The market value of any improvements taken.
• The value of any damages to the remaining property.
• If you have a business on the property, you may qualify to recover business damages.
• Relocation expenses.
• Engineering, drainage, access, or other issues which concern you.
• The condemning authority should compensate you for "cure" costs - changes on your existing
property that would help reduce the negative effects of the taking on your remaining land.
If you feel you have a property rights issue, we encourage you to contact our firm to
discuss your situation and explore potential remedies. Under Florida law, all costs
associated
associated with your representation are paid for by the condemning authority, above
and beyond the compensation awarded to you. At Broad and Cassel, our intention is
to assist you in a process that may seem overwhelming with quality service that is
always free to you.