What is condemnation and eminent domain?
How can the government simply take my property?
What is "full compensation?"
When can the government take my property?
Must I own the property to receive compensation for the taking?
Who can take my property?
Can I prevent my property from being taking?
Do I need an attorney?
What do I do if I cannot afford an attorney?
How will I be compensated for the loss of my property?
What is fair market value?
What if the taking affects my business?
Do I have to accept the condemning authority's offer of compensation?
How long do I have to wait for my money?
Do I have to be present in court?
Q: What is condemnation and eminent domain?
A: This is the process in which the government takes private property for public use.
Q: How can the government simply take my property?
A: The government has the inherent power to take a property owner's property for the public's use. Every individual property owner is presumed to exercise property rights with the understanding that the government may, at any time, take the property for the public. However, the Federal and Florida Constitutions and Florida Statutes protect property owners by requiring the government to fully compensate the property owner for the loss.
Q: What is "full compensation?"
A: The Florida Constitution requires the property owner receive "full compensation" for property taken through eminent domain. This essentially means that the property owner is not to suffer any financial loss due to the taking. As a result, the property owner receives the fair market value for the property taken plus the government pays attorney's fees, court costs, litigation expenses and expert witness fees.
Q: When can the government take my property?
A: The government may only take property for a public purpose. In other words, the government may not take property from one private individual and hand ownership to another private individual.
back to top
Q: Must I own the property to receive compensation for the taking?
A: No. Any party with a present interest in the property has a right to compensation sometimes including tenants and mortgagees. However, the terms of a lease or mortgage may preclude collection of a portion of the awarded compensation.
Q: Who can take my property?
A: Government Agencies must be expressly or impliedly authorized by the Florida Legislature to exercise eminent domain. There are over 50 government agencies or subdivisions with the power to take private property for public use. Well-known condemning authorities are the Department of Transportation, Expressway Authorities, State Agencies, Cities and Counties, Local Boards, and public utility companies.
back to top
Q: Can I prevent my property from being taking?
A: It depends. The condemning authority exercising eminent domain must strictly adhere to statutory procedures. Furthermore, the property owner may object to the public purpose or necessity for the taking and is entitled to a judicial ruling on the matter. If the condemning authority fails to follow the procedures and requirements, the taking can be invalidated.
Q: Do I need an attorney?
A: It is highly recommended that a property owner hire an attorney with experience in eminent domain. Condemnation and eminent domain can be complicated and involve issues of engineering, land planning, environmental analysis, real estate appraisal, and business regulations. Most importantly, an experienced attorney is the safest way for the property owner to protect property rights and obtain fair and full compensation for the property.
Q: What do I do if I cannot afford an attorney?
A: In Florida, the government pays for your attorney and all other litigation expenses. Property owners do not have to pay for their attorney's fees. In addition, all reasonable litigation expenses and expert witness fees must be paid for by the government.
back to top
Q: How will I be compensated for the loss of my property?
A: If all property is taken, the property owner is entitled to "full compensation" which is often the fair market value of the property. If only part of the property is taken, the property owner may also be entitled to damages to the value of the remaining property and sometimes business damages.
Q: What is fair market value?
A: This is the price a seller, (willing, but not compelled to sell) and a buyer, (willing, but not compelled to buy) would agree upon in fair negotiations with knowledge of all the facts. Appraisers help determine the fair market value of the property and take into consideration a multitude of factors such as the current real estate market conditions, recent sales of similar property, and the attractiveness of the property to potential buyers.
Q: What if the taking affects my business?
A: Under certain circumstances, Florida Statutes allow property owners to collect business damages if a taking affects a business. Procedures for demanding business damages must be strictly followed by the party claiming the damages. However, not everyone is entitled to business damages.
back to top
Q: Do I have to accept the condemning authority's offer of compensation?
A: No. Property owners may contest both the legality of the taking and the proposed valuation of the property. Furthermore, every property owner is entitled to a trial so that a jury of twelve (12) citizens can determine the appropriate value of the property.
Q: How long do I have to wait for my money?
A: Initially, the condemning authority has to deposit a good faith estimate with the court of the amount of compensation owed to the property owner. This must be done no later than 20 days after the rendition of an order of taking by a judge. The property owner can withdraw this good faith deposit and then seek additional compensation from the condemning authority.
Q: Do I have to be present in court?
A: No. The property owner is not required to be present because the property itself is the subject-matter of the suit. Any party with an interest in the property has the right to be present and the property owner has the right to testify as to the value of the property.
back to top
We understand that government takings are stressful and overwhelming on property owners. To learn more about Eminent Domain in Florida, please visit the links below or contact our firm.
Eminent Domain Timeline
How Our Firm Can Assist You
Contact our Orlando-area and Bradenton/Sarasota Eminent Domain Lawyers
If you have any questions about condemnation or Florida eminent domain law, please contact the Central Florida attorneys at Webb, Wells & Williams. Our Orlando-area lawyers can be reached by phone at (407) 865-5600 and our Bradenton/Sarasota lawyers can be reached by phone at (941) 778-7054, by e-mail, or by filling out the in-take form on our Contact Us page.
Webb, Wells & Williams, P.A.
Orlando Area
280 Wekiva Springs Rd - Suite 2090 - Longwood, FL 32779
| Phone: (407) 865-5600 | Fax: (407) 865-6495 |
E-mail
Bradenton/Sarasota
P.O. Box 1849, Anna Maria, FL 34216
3909 East Bay Blvd. - Suite 115, Holmes Beach, FL
| Phone: (941) 778-7054 | Fax: (941) 778-5934 |
Webb, Wells & Williams represents clients throughout central Florida, including Orange County, Osceola County, Seminole County, Lake County, Brevard County, Polk County, Hillsborough County, Pinellas County, Manatee County, Sarasota County, Charlotte County, Anna Maria Island, Longboat Key, and the cities of Orlando, Kissimmee, Sanford, Tavares, Bartow, Clearwater, Bradenton, Sarasota, Tampa, Titusville, Altamonte Springs, Winter Park, Holmes Beach, Bradenton Beach, Anna Maria, Palmetto, Longwood, DeLand and Daytona Beach.
Site Map
