What Is Partial Taking?

Partial taking is the taking of a portion of your property, such as when the city condemns the front of your lawn in order to expand the road. Partial taking is an important part of eminent domain law, one in which the help of a lawyer is especially valuable. While many property owners may have a sense of the value of their entire property, it is much more difficult for many of us to quantify what the worth of a small strip of land may be. It is especially hard to understand what effect this may have on the rest of our land, what are known as Severance Damages, or whether the partial taking might represent an undue burden under the terms of the Bert J. Harris, Jr., Private Property Rights Protection Act, and therefore require that the government compensate the property owner for the full value of the property.

Note that partial taking is distinct from, but related to Easements and Rights of Way. Unlike easements, partial takings almost always relate to the edges of the property, and may include taking part of your property to allow for:

  • Roadways
  • Parks
  • Utilities
  • Public buildings

If you believe your property has been the subject of a partial taking by the State of Florida or any other governmental authority, the attorneys at The Florida Property Rights Law Firm will help you understand the condemnation process and your rights as a Florida property owner. We'll fight to help you keep your property and/or ensure that you receive full compensation for your property.

Our condemnation attorneys represent private property and business owners throughout the State of Florida. We don't charge for an initial consultation and, in most cases, the government has to pay your court costs and our attorneys' fees. Please call or email us today to schedule your initial consultation.