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.
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