Eminent Domain Attorneys In Florida

At Sever Walker Padgitt, our mission is to hold condemners, whether they be state, federal, local, utility, and/or any other condemnor, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain or condemnation.

We’ve handled all types of eminent domain cases nationwide and are here to walk you through the process with confidence and commitment to your rights. As experienced eminent domain attorneys, we’ve helped landowners collectively receive tens of millions of dollars in compensation that might have otherwise been left on the table.

We care about your eminent domain case in Florida and are ready to answer any questions you might have.

Understanding Eminent Domain In Florida

In Florida, eminent domain is defined as the government’s right to take private land for public purpose, including the building of roads, pipelines, parks, schools, government buildings, and more. 

There are many vague elements of eminent domain law, and sometimes landowners are treated unfairly. In these situations, eminent domain attorneys in Florida should stand up for the rights of landowners and ensure fair treatment in court.

Fair Market Value And Compensation

In Florida, property owners are entitled to “full compensation” under the state constitution, which typically exceeds the federal standard of “just compensation.” This includes:

• Fair market value of the property 
• Severance damages if only a portion of the property is taken
• Business damages for certain qualifying businesses 
• Moving and relocation expenses

Owner Property Rights

As a property owner in Florida, you have significant rights when facing eminent domain:

• The right to receive fair market value for your property 
• The right to due process 
• The right to challenge the government’s valuation 
• The right to a jury trial to determine compensation

Condemnation Litigation Process In Florida

The process typically follows these steps:

1. Pre-suit negotiations 
2. Filing of a condemnation lawsuit
3. Order of Taking hearing 
4. Deposit of estimated compensation 
5. Mediation 
6. Trial (if necessary)

Florida-Specific Eminent Domain Requirements

Following the controversial Kelo v. City of New London Supreme Court decision, Florida enacted significant eminent domain reforms in 2006. The state passed House Bill 1567, which severely restricted the use of eminent domain for private development and removed its use for blight elimination. 

Additionally, Florida voters approved a constitutional amendment requiring a three-fifths legislative majority to allow exceptions to the prohibition of eminent domain for private use. These reforms transformed Florida from one of the worst offenders of eminent domain abuse to a state offering some of the strongest property rights protections in the nation, earning praise from the Institute for Justice.

These comprehensive reforms established stringent guidelines for the use of eminent domain in Florida, including specific requirements for public purpose, notice, compensation, and fair market value determination:

• Public Purpose or Use: In Florida, eminent domain can only be used for a valid public purpose. This includes roads, bridges, schools, and utilities. 
• Condemnation Notice Timelines: Florida law requires a minimum 30-day notice before an Order of Taking hearing.
• Just Compensation Requirements: Florida mandates “full compensation,” which is more comprehensive than the federal “just compensation” standard.
• Fair Market Value Determination: This is typically established through professional appraisals and can be contested in court.

Homestead Protection And Timely Compensation

Florida provides additional protection for homestead property, making it more difficult for the government to take such property. The state also has strict standards for timely compensation, ensuring property owners receive payment promptly after the taking.

Have you received an eminent domain notice or offer in Florida? If so, you might be dealing with overwhelming feelings of frustration and uncertainty. There’s no reason you should know how to handle this situation alone—and luckily, you don’t have to. Here’s what you should do as soon as you receive your eminent domain notice: