EMINENT DOMAIN Click Here for Attorney Links
Eminent Domain is the power of governments and public utilities to take land needed for public projects. The United States Constitution protects private landowners in that it provides that no property can be taken without just compensation. Under Florida law, private landowners enjoy the additional protection of state law that requires condemning authorities to pay for the landowner’s costs and attorney’s fees. Typically this will allow us to obtain an independent appraisal report from a highly qualified expert and negotiate with the condemning authority to obtain full compensation at no cost to you.
Under state law, the attorney’s fees paid to a landowner in an eminent domain case are in addition to the full compensation obtained from a condemning authority and do not come out of the full compensation negotiated or obtained in a judgment by a Court.
We represent owners or tenants of all types of property, including large and small tracts of vacant land, businesses, industrial complexes, homeowner associations, condominium associations, and single-family homes. Often the condemning authority is not seeking to obtain the entire property but is only seeking a strip of land for a road widening or a portion of your land. In those cases, the primary concern of the landowner may not be just the compensation to be paid for the land taken but the impact on the remainder of the property or a business located on the property. In such cases, the assistance of a skilled eminent domain attorney early in the process can lead to negotiation with the condemning authority to minimize the impact on the remainder of the property by seeking changes in the project. In addition, there is the possibility of obtaining severance damages from the condemning authority for the reduction in the value of the remaining property caused by the taking of a portion of the property. In some cases, the government will have to pay to reconstruct improvements (a cost to cure) where the project impacts on a landowner's ability to use their remaining property.
In some cases, there is an existing business on the property that will be impacted and suffer business damages that require compensation.
Our attorneys are well versed in representing clients affected by government acquisition of private land. Typically it is most beneficial to have an attorney involved early in the process to evaluate the potential damages of a taking of property and to negotiate with the condemning authority about the impacts of the project and to obtain full compensation for the property.
Please feel free to call 772-287-4444, extension 237, and schedule a free consultation if you are or may be affected by the acquisition of your property by a government agency or a utility company.
FREQUENTLY ASKED QUESTIONS
Why should I pay to hire an attorney?
In all likelihood you will not have to pay to hire an attorney in an eminent domain case. Section 73.092, Florida Statutes, provides that the Court shall award attorney’s fees based on the benefits achieved for the client. Typically, the firm will evaluate your case and if we think the case has merit we will agree to represent you in an eminent domain case on a contingent fee basis at no cost to you.
How does the attorney’s fee statute work?
Section 73.092, Florida Statutes, provides that the Court shall award attorney’s fees based on the benefits achieved for the client. For example, if a condemning authority has offered you $100,000 and the attorney is able to recover $130,000, then the benefit to the client is $30,000. Based on the $30,000 increase, the attorney fee would be 1/3 of the increase, or $10,000. The $10,000 attorney's fee has to be paid by the condemning authority and is in addition to the $130,000 that is recovered for the client. The attorney’s fee does not come out of the amount recovered for the client.
Am I entitled to obtain my own appraisal report?
Yes. Section 73.091, Florida Statutes, provides that the condemning authority shall pay for all reasonable costs incurred in the defense of the proceedings in circuit court, including, but not limited to, reasonable appraisal fees, and when business damages are assessable, a reasonable accountant’s fee.
What is inverse condemnation?
Inverse condemnation happens when the government seizes control of one's property and does not provide fair compensation for the property. The fifth amendment states that the government cannot take private property for public use without just compensation and also guarantees the right of due process. Inverse condemnation can take place when a government entity takes physical possession of property without just compensation or when the government places such onerous restrictions or regulations on the use of property as to render the property economically unusable. To pursue fair compensation, the owner must then sue the governing body. The term "inverse condemnation" comes from the fact that the owner then becomes the plaintiff in the suit, as opposed to the usual procedure of property seizure where the government sues the property owner.
If you have been notified that your property will be seized for government use and feel that you have not been offered fair compensation, please contact Frederik van Vonno at our firm.