Eminent Domain FAQ

Eminent Domain is the power to take private property for a public purpose in exchange for the payment by the entity with that power of full compensation. Full compensation includes payment for the value of the property (including buildings and other improvements and fixtures) taken and for any damages to the remaining property due to loss of utility, access, drainage etc. Entities using the power of eminent domain also to pay damages to a business caused by the taking if the business is eligible under Florida law to receive business damage.

An attorney will represent the entity with the power of eminent domain, also known as the condemning authority, in any litigation of the appropriateness of the taking of your property and the amount of compensation to be paid to you. If I represent you, I can advise you on the appropriateness of the taking and/or help you obtain the full compensation to which you are entitled and I can do so without requiring you to pay a fee. This is because the condemning authority is required by the Florida Constitution and Florida Statutes to pay your reasonable attorney’s fees.

The condemning authority will hire an appraiser and possibly other experts to obtain an opinion of full compensation for your property and/or of business damages and will make you an offer based upon this opinion(s). I can assist you in selecting a qualified appraiser and other experts (who should also be paid by the condemning authority) who can give you a second opinion. I can then negotiate and, if necessary, litigate and represent you in a jury trial to determine the amount of full compensation.

If your business is eligible to claim business damages, it will have to make an offer to settle such claim. This offer is due 180 days after your business receives notice of its right to make such a claim. If an offer is not presented by the deadline, the business' claim for damages may be barred. If you hire me early enough in the process, I can review whether your business is eligible to make a claim and, if it is, involve the appropriate business damage experts so that the damages to the business is properly analyzed and your business' claim is timely made.

Barry S. Balmuth, P.A.

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