Public Notice And Eminent Domain

When a government agency is seeking to take all or part of your property in an eminent domain action, it must first make you a fair market value offer for your property. This notice may be your first warning that the government is planning on taking your property, but it should be enough, if you know how to act. When you receive notice, it should give you enough information that you can consult with an eminent domain lawyer about the offer as well as begin assembling your case to protect your property against the taking or at least receive full compensation for your property.

If you have received an offer from a taking authority about your property, the attorneys at The Florida Property Rights Law Firm can help. We have helped clients across Florida. Please contact us today for a consultation.

Content of Public Notice

Florida law is very specific about the content of the notice you must receive at the same time as your first fair market value offer. The notice must include all the following:

  • A statement that all or a portion of your property is needed for a project
  • The nature of the project and a specific designation of what parcel is necessary
  • Notification of additional information you can receive by request
  • A summary of your statutory rights or a copy of two sections of the Florida statutes, ss 73.091 and 73.092

You should take all this information to a consultation with an eminent domain lawyer when discussing your potential compensation. At the very least, this information should be sufficient to begin building a defense against any possibly illegal taking.

Request for Additional Information

The law also requires that the condemning authority provide you with additional information upon request. Within 15 days of receipt of your request, it must provide you with:

  • A copy of the appraisal your fair market value estimate is based on
  • Copies of the right-of-way maps that contain the proposed
  • Copies of the construction plans that depict improvements to be constructed on and adjacent to, your taken property

The amount of plans you get may be limited by how much has been prepared prior to making an offer, but you should be able to get everything that has been prepared, including plan, profile, cross-section, drainage, pavement marking sheets, and driveway connection details. If any of these are not yet prepared, a later request can get them for you as well.

This additional information can be very helpful for your eminent domain attorney. By looking at the appraisal, your lawyer will often spot glaring omissions in the appraisal and can begin building a case for you to receive full compensation for your property.

If you have been contacted about an eminent domain taking of your property, now is the time to contact an eminent domain attorney. At The Florida Property Rights Law Firm, we can help you fight to protect your rights against government agencies. Please contact us today to schedule your consultation.