What is a condemning authority?
Who has the power of eminent domain?
What am I entitled to receive when the government takes all or part of my property?
What notification should I receive from a condemning authority before an eminent domain lawsuit is filed?
Who pays my lawyer fees and the fees of appraisers and other experts who will assist me?
When should I hire an attorney?
Do I really need an eminent domain attorney’s assistance?
Can an owner challenge the taking of private property by eminent domain?
Am I entitled to a copy of the condemning authority’s appraisal report?
Will the condemning authority make me an initial offer for the property taken?
Do I have to accept the condemning authority’s offer?
Am I entitled to a trial?
What are business damages?
When does a business qualify for business damages?
What must I do to protect my ability to claim business damages?
What records must I produce when claiming business damages?
What is eminent domain and condemnation?
Eminent domain is the power of the government to take private property for a “public purpose.” Condemnation is the process that a governmental entity uses to acquire private property for a “public purpose.”
What is a condemning authority?
A condemning authority is a governmental entity that uses its power of eminent domain to acquire property for a “public purpose.” A property acquisition by a condemning authority from a private property owner is called a taking.
Who has the power of eminent domain?
Federal and state governmental agencies, such as the Florida Department of Transportation, counties, cities, towns, utility companies, and school boards are among the entities that have the power of eminent domain. A condemning authority exercises its power of eminent domain by filing an eminent domain lawsuit in the county where the property is located that it is seeking to acquire.
What am I entitled to receive when the government takes all or part of my property?
The Florida Constitution provides that the owners of property taken are entitled to full compensation. “Full compensation” includes, but is not limited to, the fair market value of the real estate and any improvements taken, the reduced value of the remaining property or severance damages, and in some cases, moving costs. “Full compensation,” within the meaning of the Constitution, seeks to place the owner in the same position financially as if he had not had his property taken by eminent domain.
What notification should I receive from a condemning authority before an eminent domain lawsuit is filed?
Florida law requires all condemning authorities to send property owners a written notice by certified mail at least thirty (30) days before filing an eminent domain law suit. The notice must advise the owner that the property will be taken and reference the owner’s rights under Florida law.
Who pays my lawyer fees and the fees of appraisers and other experts who will assist me?
Under Florida Law, the condemning authority is required to pay the landowner’s and business owner’s attorney fees and fees for appraisers, accountants, engineers, and other experts.
The amount of attorney’s fees paid by the condemning authority is based on a formula in the Florida Statutes. Attorney’s fees and expert fees are paid separately from any money you recover and do not reduce the amount you recover for the property taken.
The amount of attorney’s fees paid by the condemning authority is based on a formula in the Florida Statutes. Attorney’s fees and expert fees are paid separately from any money you recover and do not reduce the amount you recover for the property taken.
When should I hire an attorney?
You should hire an attorney immediately. Your attorney needs to look at your property and/or business, to analyze the taking and the condemning authority’s construction plans, and to retain experts to assist in determining the amount of full compensation due you. The earlier in the process that you hire an attorney, the more thoroughly your attorney can review the impact from the taking and your individual circumstances. Your attorney can also assist you with pre-condemnation planning such as negotiating beneficial leases, if appropriate, and other matters that will place you in the best possible position to obtain the most compensation from the condemning authority. You need an attorney to begin working for you right away.
Do I really need an eminent domain attorney’s assistance?
Without a skilled and experienced eminent domain attorney working for you, you may not be paid the full amount you are due for your property that the condemning authority is acquiring and for any problems it creates on your remaining property.
A skilled and experienced eminent domain attorney will determine the value of the property taken and identify the problems created by the taking on your remaining property. The attorney will obtain compensation for you from the condemning authority for those problems that remain after the taking. The condemning authority has attorneys, appraisers and engineers working for it; you, too, need a team working for you to protect your rights.
It is in your interest to seek the assistance of a skilled and experienced eminent domain attorney who is focused on obtaining the most compensation due you under the law.
A skilled and experienced eminent domain attorney will determine the value of the property taken and identify the problems created by the taking on your remaining property. The attorney will obtain compensation for you from the condemning authority for those problems that remain after the taking. The condemning authority has attorneys, appraisers and engineers working for it; you, too, need a team working for you to protect your rights.
It is in your interest to seek the assistance of a skilled and experienced eminent domain attorney who is focused on obtaining the most compensation due you under the law.
Can an owner challenge the taking of private property by eminent domain?
Yes, a property owner can challenge the taking by a condemning authority through the power of eminent domain. Skilled and experienced eminent domain lawyers will evaluate if the condemning authority is correctly and properly using and exercising its power of eminent domain.
Am I entitled to a copy of the condemning authority’s appraisal report?
Yes, upon request, the law requires the condemning authority to provide you with a copy of the appraisal report on which it is basing its offer and good faith estimate of value.
Will the condemning authority make me an initial offer for the property taken?
Yes, Florida law requires that all condemning authorities make an initial written offer to the owner for the property it intends to take.
Do I have to accept the condemning authority’s offer?
No, you do not have to accept the condemning authority’s offer. You have the right to obtain your own valuation prepared by experts retained on your behalf. An experienced eminent domain law firm knows the right experts to retain for all types of properties and cases.
Am I entitled to a trial?
Yes, every landowner is entitled to a 12-person jury trial to determine the amount of full compensation due him for the taking by the condemning authority. A jury decides the facts of the case, including the monetary value or full compensation due you.
What are business damages?
Under Florida Law, business owners may be entitled to business damages. Business damages include the profits a business loses as a result of the taking. A business damage claim must be prepared and presented to the government within 180 days after the government provides the statutory notice to a business owner. To qualify for business damages, a business must have been in business at least 5 years at the location of the take.
When does a business qualify for business damages?
Generally, a business owner qualifies for business damages:
- For the length of time the business owner has a legal right to remain on the property;
- When a business has been in place for at least five years at the location of the take;
- When the taking is part of a property as opposed to the whole property;
- When the damage is caused by the loss of the land taken and part of the business is located on the remainder property;
- When the taking is for right of way (e.g. Department of Transportation, a county or a city); and
- When statutory procedural requirements are timely satisfied by the business owner submitting a business damage offer to the condemning authority.
What must I do to protect my ability to claim business damages?
It is important to consult a skilled and experienced eminent domain attorney to assist you in preparing your business damage claim and satisfying the requirements of the Florida Statutes.
What records must I produce when claiming business damages?
Florida law requires an owner to produce the following records for five years preceding the date of the received notice:
- Federal income tax returns;
- Federal income tax withholding statements;
- Federal miscellaneous income tax statements;
- State sales tax returns;
- Balance sheets;
- Profit and loss statements; and
- State corporate income tax returns.