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Start with what is happening to your property

Four situations cover most of what brings Florida owners here. Pick the one that matches yours and follow it through.

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Eminent domain arrives in stages. A project is planned, parcels are identified, someone makes contact, an appraisal is prepared, an offer follows. Owners usually reach this page at one of four points, and what is useful to know differs sharply between them.

Work out which stage you are at first. The answer changes what matters, what you can still influence, and how much time you have.

The short answer

Identify your stage, understand what Florida law gives you at that stage, then look at compensation. Owners who move straight to arguing about price often skip questions that would have been worth more.

What to do in the first week

1

Keep everything

Every letter, card, plan sheet and voicemail. Note dates and who said what. This record matters later.

2

Work out who is acquiring

The Florida Department of Transportation, a county, a city, a school board, a water management district and certain utilities all hold the power. Who it is shapes the project and the process.

3

Find out what is being taken

A strip of frontage, a corridor across the middle, an easement or the whole parcel. Each produces a different answer on value.

4

Look at access and use, not just area

Driveway position, median changes and turning movements often matter more than the square footage.

5

Understand the Florida differences

Florida is unusually generous on business damages and on who pays the owner attorney fees. Both are worth knowing early.

6

Get the property looked at independently

The agency appraisal is one opinion, prepared for the agency.

Two things Florida owners often miss

Business damages

Florida allows compensation for damage to a business operating on the property in circumstances most states do not recognise. Section 73.071(3)(b) of the Florida Statutes sets the conditions, including that the business has been established more than five years where the taking occurs on or after 1 January 2005.

Who pays your lawyer

Section 73.091 requires the condemning authority to pay reasonable costs of the defence, and attorney fees under section 73.092, which are calculated on the benefit obtained for the owner. This changes the economics of questioning an offer.

Frequently asked questions

Do I have to let them onto my property to survey?

Agencies commonly ask for entry to survey before any offer. It is reasonable to ask what they intend to do, how long it will take, and to have the request in writing.

Is the first offer the final figure?

No. Section 73.015 requires the authority to attempt to negotiate in good faith before filing suit and to provide a written offer with the appraisal behind it. It is a starting position.

How long does this take?

It varies widely with the project and with whether the parties agree on value. Confirm any deadline that applies to you with a licensed Florida attorney rather than relying on a general timeline.

Understand your property situation before the next step

Explore Florida resources matched to your property type, the project affecting it, and the stage you have reached.

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