Guide to Florida Eminent Domain Law
Eminent Domain Process- Your Property Rights
- Challenging the Government
- Eminent Domain Definitions
- Getting Full Compensation
- Hiring an Eminent Domain Attorney
Property Owners' Rights Lawyers
Serving all of Florida
Property Owners' Rights
When the government threatens to take your property through condemnation, you do not have to simply sit back and let them do it. You have rights, rights that allow you to first fight the taking, and, even if unsuccessful, to ensure you receive full compensation for what you have lost.
Under law, eminent domain has two limitations. First, taking is only allowed if the use to which the land will be put is for a public good. Second, if the taking is for a public good, under Florida law you are entitled to receive not only just compensation (as under federal law) but full compensation, a significant difference. Under Florida law, full compensation means that you are entitled to payment not just for the Fair Market Value of your land, but to payment for:
- Fixtures and Equipment-any improvements you have made to the property must be compensated
- Business Damages-if the government takes a portion of the property and your business is financially damaged, then the government must not only compensate you for the land but also for the financial loss caused to the business as a result of the taking.
- Inventory-if you have to relocate your stock or sell it at a loss as a result of the condemnation, you must be compensated for these expenses or losses
- Precondemnation damages-If your property is condemned later than surrounding properties and the progress of the project leads to damage of your property, you must be compensated for that damage.
- Interest-If you fight a condemnation and receive a higher compensation as a result, you will be paid interest on the difference between the two amounts, starting from the moment the government assumed the title of your property
- Attorney's fees, including appraisal fees-It is the government's responsibility to pay the attorney and the appraisers you hired to get full compensation for your property
- Severance damages-in the event of a Partial Taking, you have a right not only to the value of the property actually taken, but to the value lost by the remainder of your property in the separation
Even if your property is not formally condemned by a Taking Authority, you may be eligible for compensation if the government damages your property in any way. This is known as Inverse Taking. Furthermore, if governmental action restricts your use of the property, diminishing its value to you or for resale, you may be eligible for compensation under the Bert J. Harris, Jr.,
Private Property Rights Protection Act.
Also read about Littoral Property Rights in Florida.
Our condemnation attorneys represent property and business owners throughout the State of Florida against governmental authorities. 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.
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