Guide to Florida Eminent Domain Law

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The Process of Eminent Domain in Florida

The process of Eminent Domain can be difficult and confusing. Let the attorneys at The Florida Eminent Domain Firm help you each step of the way at no cost to you. Typically, the process of Eminent Domain is as follows:

The government attempts to negotiate the purchase of the property for fair value.
If the owner does not wish to sell, the government files a court action to exercise the power of eminent domain, and serves or publishes notice of the hearing as required by law.
An Order of Taking hearing is scheduled, at which the government must demonstrate that it engaged in good faith negotiations to purchase the property, but that no agreement was reached. Additionally, the government must also demonstrate that the taking of the property is for a public use, as defined by law. At this hearing, the property owner is given the opportunity to respond to the government's claims.
If the government is successful at this stage of the proceeding, then the government, within 20 days of the Taking Order, must place a "good faith" estimate of the value of the property in the Court's registry. The landowner is then entitled to withdraw this sum for his own personal use. Any payment to the owner is first used to satisfy any mortgages, liens and encumbrances on the property, with any remaining balance paid to the owner. At this point, the government obtains title to the property.
Next, a trial is held to establish full compensation and any other possible damages that may be recoverable for the property that was taken. If it is determined that the "good faith" estimate was deficient, compensation includes not only the value above and beyond the "good faith" estimate, but also interest on the difference.
If the government or the property owner is not satisfied with the outcome, either side may appeal the decision.
At the close of proceedings, the taking authority is assessed for the court costs, including all reasonable expenses incurred by the property owner. This means the government pays not only attorneys' fees, but also fees for any expert witnesses offering testimony.

Each stage in the condemnation process is controlled by specific and detailed statutes, and at every stage it takes an experienced eminent
domain lawyer to be aware of every opportunity for increasing the amount of compensation you'll receive from the condemning authority.

We at the Florida Property Rights Law Firm have the knowledge, experience, and determination to follow your case from beginning to end to make sure you get the highest possible compensation for your property and business.

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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. Call or email us today to set up your free initial consultation.

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