Eminent domain is the inherent governmental power to acquire privately owned property for a public purpose, provided the owner receives just compensation in return. This authority flows from both the Fifth Amendment to the United States Constitution and Article X, Section 6 of the Florida Constitution, each of which prohibit the government from taking private property without fairly paying for it. The power applies broadly — to real estate, easements, business losses, and even certain intangible property interests — and can be exercised by federal, state, and many local government entities as well as certain utilities and private entities granted condemnation authority by statute.
Yes — virtually all private property in Florida is subject to condemnation when a legitimate public need exists. The government's power in this area is expansive, and courts have generally been reluctant to block a taking once a public purpose is identified. However, two critical protections remain: first, the taking must genuinely serve a public use rather than simply enriching another private party; and second, Florida voters amended the state constitution in 2006 to prohibit the use of eminent domain to transfer property from one private owner to another for primarily economic development purposes. Even where a taking is legally valid, you retain the absolute right to contest the amount of compensation offered.
In most circumstances, a property owner cannot permanently block a taking once the government has properly determined that a public purpose exists and followed the required procedural steps. Courts afford considerable deference to legislative and governmental decisions about what constitutes public use. That said, there are situations where a taking can be challenged — for example, if the condemning authority has failed to follow statutory procedures, if the stated public purpose is a pretext, or if the scope of the taking exceeds what is necessary for the project. Even when stopping the taking outright is not achievable, a skilled attorney can slow the process, create leverage, and ensure that the compensation paid fully reflects the property's actual value and the impact on any remaining parcels.
Florida's eminent domain process is governed by Chapters 73 and 74 of the Florida Statutes and proceeds through several distinct stages. It typically begins with pre-suit negotiations, during which the condemning authority obtains an appraisal, makes a written offer, and attempts to reach a voluntary agreement with the property owner. If negotiations fail, the authority files a condemnation petition in circuit court and may move for an Order of Taking under Chapter 74, which allows it to take possession of the property early by depositing its estimated compensation with the court. The property owner may immediately withdraw that deposit without prejudicing the right to contest valuation. The case then proceeds through discovery — involving competing appraisals and expert testimony — and, if no settlement is reached, to a jury trial on the sole issue of compensation. The entire process can take anywhere from several months to several years depending on complexity.
Condemnation authority in Florida extends well beyond state and federal governments. Counties, municipalities, school boards, water management districts, expressway authorities, port authorities, and regional transportation agencies all possess the power of eminent domain within their respective spheres. Certain private entities — including electric utilities, pipeline companies, and telecommunications providers — have also been granted condemnation authority by the Florida Legislature for infrastructure projects deemed to serve a public interest. Understanding exactly who is condemning your property matters, because it affects both the legal procedures that apply and the strategic options available to you.
The scope of what may be taken through eminent domain is broader than most property owners realize. In addition to fee simple ownership of land, the government can condemn easements for access, drainage, or utilities; temporary construction easements; mineral rights; leasehold interests; and business damages caused by the taking. Personal property may be affected as well, particularly when a business is forced to relocate. Even an indirect impact on a neighboring parcel you retain — such as loss of access or drainage disruption — can give rise to compensation claims. Our firm evaluates every aspect of how a project affects you, not just the parcel directly in the right-of-way.
Under Florida law, "full compensation" means the property owner must be made whole — placed in as good a financial position as if the taking had never occurred. For a complete taking of real property, this typically means fair market value as of the date of the taking. In a partial taking, compensation also includes severance damages: the reduction in value to the portion of your property that remains after the government takes only part of it. Where a business is displaced, additional business damage compensation may be recoverable. Florida Statutes also require the condemning authority to pay your reasonable attorney's fees, appraiser fees, and other expert costs, so that legal representation does not come at your expense.
Fair market value is defined as the price a willing, informed seller and a willing, informed buyer — neither acting under compulsion — would agree upon in an arm's-length transaction on the date of the taking. In practice, this determination is made by licensed real estate appraisers who consider comparable sales, income potential, and replacement cost, among other factors. The condemning authority hires its own appraiser, whose conclusions almost always favor a lower value. Property owners have the right — and, in a contested case, the strategic necessity — to retain an independent appraiser who can challenge the government's methodology, identify sales that better reflect the property's true value, and testify on the owner's behalf at trial or in settlement negotiations.
The most important step is to consult an eminent domain attorney before responding to the government or signing anything. Correspondence from a condemning authority — whether it arrives as a formal offer letter, a notice of intent to acquire, or an invitation to negotiate — marks the beginning of a legal process that will significantly affect your financial interests. Do not assume the offered amount is fair, and do not assume that cooperation will result in better treatment. An attorney can review the authority's appraisal, advise you on the strength of a counter-position, identify compensation elements the government may not have included, and negotiate on your behalf from a position of knowledge rather than uncertainty.
Early involvement is often where the most value is created for property owners. In the period before formal condemnation proceedings begin, an experienced attorney can monitor project plans, identify whether the scope of the proposed taking could be reduced, preserve evidence of the property's highest and best use, and ensure that any pre-condemnation negotiations are handled strategically rather than reactively. The government's project teams are typically working with your property for years before you receive formal notice — having counsel engaged at a comparable stage levels the playing field. Decisions made early in the process can have lasting consequences on the compensation ultimately received.
No. Accepting the government's initial offer is entirely voluntary, and Florida law expressly preserves your right to contest the amount of compensation through litigation. The government is legally required to make a good-faith written offer before filing suit, but that offer represents the floor of negotiation — not an ultimatum. Property owners who retain counsel and pursue their claims through the formal process routinely receive substantially more than the original offer. Even if the matter proceeds to court and you ultimately settle, the litigation process almost always produces a better outcome than accepting the government's opening position.
An offer that feels close to your own estimate may still be significantly below the true value of your property — and there may be substantial additional components of compensation you have not considered at all. Property owners are seldom aware of all the damages to which they are entitled, including severance damages to a remaining parcel, business damages, relocation benefits, or compensation for loss of access. An independent appraisal performed on your behalf, using the full range of comparable sales and valuation techniques available under Florida law, frequently reveals a materially higher number than the government has offered. At a minimum, a consultation with an attorney who can review the offer and the government's appraisal will tell you whether the offer is genuinely reasonable or whether significant compensation is being left on the table.
The truthful answer is that you cannot know without independent analysis. The government's appraiser is paid by the condemning authority and has an inherent interest in supporting a lower valuation. The appraisal methodology, the comparable sales selected, the assumptions about the property's highest and best use, and the treatment of severance damages all involve judgment calls that can dramatically affect the final number — and each of those calls is subject to challenge. At Loper Law Group, we review the government's appraisal carefully and retain qualified, independent appraisers who evaluate the property without the pressure of a government client. That process almost always identifies meaningful discrepancies that translate into additional compensation for the property owner.
In virtually all Florida eminent domain cases, the answer is no — not out of your own pocket. Florida Statutes Section 73.092 requires the condemning authority to pay the property owner's reasonable attorney's fees, provided certain conditions are met. The fee is typically determined based on the benefit obtained for the property owner above and beyond the government's initial offer, creating a direct alignment of interests between you and your attorney: the better the outcome, the more both of you benefit. This statutory fee-shifting arrangement means that property owners can obtain experienced, aggressive legal representation without worrying that legal costs will consume their award.
No. Attorney's fees in Florida eminent domain cases are paid by the condemning authority in addition to your compensation — they do not come out of the proceeds you receive for your property. Under the statutory framework, the government pays your reasonable legal fees and expert costs as a separate obligation. This means hiring qualified legal counsel does not diminish what you receive for your property; it increases it. Studies consistently show that represented property owners obtain substantially higher compensation than those who negotiate directly with the government without legal counsel.
A partial taking — where the government acquires only a portion of your land — often produces more complex and more significant compensation claims than a complete taking. The condemned portion must be valued at its fair market value, but that is only part of the picture. Florida law also entitles you to severance damages: compensation for the diminution in value suffered by the remainder of your property as a result of the taking and the use to which the taken property will be put. If a road-widening project takes a strip along your frontage, for example, the remaining parcel may suffer reduced visibility, access complications, loss of parking, or setback nonconformities — all of which can dramatically reduce its value and all of which are compensable. Partial takings require a sophisticated appraisal analysis that accounts for both components.
Having a mortgage does not prevent you from receiving full compensation for your property — it does, however, determine how the proceeds are distributed. Your lender holds a security interest in the property, and in a complete taking the mortgage must be satisfied from the condemnation award before you receive any remaining balance. In a partial taking, lender consent may be required for certain transactions related to the settlement, and the lender is typically notified of and made a party to the condemnation proceeding. It is important to review your loan documents and understand your lender's rights early in the process, since lender coordination can affect how and when you access your compensation. An experienced condemnation attorney can help manage this aspect of the case alongside the valuation dispute.
A mortgage or refinancing appraisal can be useful background information, but it is generally not sufficient on its own to establish value in a condemnation case. Lending appraisals are performed for a different purpose, under different guidelines, and often at a different point in time than a condemnation appraisal. They may use conservative methodologies that do not capture the property's highest and best use, and they seldom address severance damages or other condemnation-specific compensation elements. For a condemnation case, you need a certified real estate appraiser who is experienced in eminent domain work, familiar with Florida evidentiary standards, and prepared to defend the valuation under cross-examination at trial if necessary.
This is one of the most significant — and most frequently undervalued — consequences of a partial taking, and it is an area where experienced legal and appraisal counsel makes an enormous difference. When a road-widening or other infrastructure project takes a strip of your land, the remaining parcel may no longer meet setback, parking, lot coverage, or other dimensional requirements imposed by local zoning codes. A structure that was previously conforming can become legally nonconforming, which limits how the building may be expanded, renovated, or rebuilt after a casualty. These zoning-related impacts can substantially reduce the market value of the remainder and must be fully captured in the severance damage analysis. We work with appraisers and, where appropriate, land use consultants to ensure that every dollar of zoning-driven value loss is documented and recovered.
Yes, and both parties — the property owner and the tenant — may have separate, independent compensation rights in a condemnation proceeding. A commercial tenant with a long-term lease may have a leasehold interest with measurable market value, particularly if the lease rate is below current market rent. A tenant may also be entitled to business damages for the cost of relocating a business that is forced to move as a result of the taking. From the property owner's perspective, the presence of a tenant and the terms of the lease can affect how the property is valued and how compensation is allocated. We represent both property owners and tenants in condemnation proceedings and understand how to protect each party's interests within the same transaction.
It can be a very big deal, and it is precisely the type of situation where property owners are most likely to be significantly undercompensated. Parking is often a critical component of a commercial property's value and, for certain uses like restaurants, convenience stores, or medical offices, a reduction in parking can trigger zoning nonconformity, require costly mitigation, reduce the property's leasable area or permitted uses, and materially diminish its market value. The government may frame the taking as minor to discourage legal scrutiny, but the severance damages to the remainder can far exceed the nominal value of the parking spaces themselves. We routinely evaluate these situations and frequently identify substantial compensation that the government's initial offer does not account for.
The Bert J. Harris, Jr. Private Property Rights Protection Act is a Florida statute (Section 70.001, Florida Statutes) enacted in 1995 that provides property owners with a cause of action when a government entity's action "inordinately burdens" an existing use of their real property or a vested right to a specific use. Unlike a constitutional takings claim — which typically requires the property owner to prove the government has deprived them of all or substantially all economic use — the Harris Act provides a broader path to relief when government regulations unfairly impact property value without amounting to a full taking. It is one of the strongest private property rights statutes in the country, yet many property owners and attorneys remain unfamiliar with it.
In a traditional eminent domain case, the government formally acquires your property (or a portion of it) and pays you compensation. In a Harris Act claim, the government has not formally taken your property but has imposed a regulation, zoning change, or other action that unfairly burdens your property's value or use. The Harris Act fills the gap between a regulatory action that merely inconveniences a property owner and one that amounts to a constitutional taking. It provides a separate legal pathway when the government's conduct inordinately burdens your property, even though no physical acquisition has occurred and no constitutional taking can be proven.
The process is multi-step and procedurally demanding. First, the property owner must submit a written claim to the government entity within one year of the government action, accompanied by a written appraisal demonstrating the loss of property value. The government then has 90 days (reduced from 150 days by the 2021 amendments) to respond with a written settlement offer and a statement of allowable uses. If no acceptable settlement is reached, the property owner may file suit in circuit court. The trial has two stages: a bench trial where a judge determines whether an inordinate burden exists, and if so, a jury trial to determine the amount of compensation. Courts have dismissed meritorious claims for procedural missteps — such as filing suit before the settlement period expires or failing to include a proper appraisal with the initial notice — so attorney involvement from the beginning is essential.
Yes, but the fee provision works both ways. If you prevail at trial and the court determines that the government's pre-suit settlement offer was not a bona fide offer that would have reasonably resolved your claim, you are entitled to recover your attorney's fees and costs. However, if you do not prevail and the court finds the government's settlement offer was bona fide, the government can recover its fees from you. This two-way provision makes it critically important to work with an attorney who can accurately evaluate the strength of your claim and the adequacy of any settlement offer before deciding whether to proceed to litigation.
The 2021 amendments, effective October 1, 2021, made several significant changes that strengthened the Act in favor of property owners. The pre-suit settlement period was shortened from 150 to 90 days. Property owners who file a claim now retain their right to relief even if they sell the property before proceedings conclude. The definitions of key terms were broadened, expanding the scope of government actions that may give rise to a valid claim. A new mechanism allows property owners to request a written statement of limitations on use from the government, which can trigger the one-year claims deadline and provide a clearer starting point for asserting rights.
No. When a private entity — such as a pipeline company, water utility, or telecommunications provider — approaches you for an easement, you are under no obligation to accept their first offer or any offer. Unlike a government entity exercising eminent domain, most private companies cannot force you to grant an easement. Their initial offer is typically a starting point, not a fair reflection of the easement's impact on your property. Loper Law Group represents both landowners and companies in private easement negotiations — helping landowners secure fair compensation and favorable terms, and helping utility and pipeline companies acquire the rights they need efficiently and fairly.
Our fee for private easement negotiations is based on a simple, landowner-friendly principle: we earn our fee from the additional compensation we obtain for you above the entity's last offer before you engaged our firm. If we do not increase the value of the deal beyond what was already on the table, you owe us nothing. This structure ensures our interests are fully aligned with yours — we only get paid when we deliver real, measurable value.
Yes. In addition to our property rights litigation practice, Loper Law Group handles all types of real estate transactions, including residential and commercial closings, title examination and title insurance coordination, purchase and sale agreement review, and real property due diligence. We also represent landowners in oil and gas exploration lease negotiations and perform mineral title examination and curative work. Whether your transaction is straightforward or involves complex title issues, easement encumbrances, or mineral interests, we provide the legal guidance to protect your position at every stage.