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You received an offer for your property

What sits behind a Florida offer, what the appraisal assumed, and the parts of value it may not have reached.

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Before a condemning authority files suit in Florida, section 73.015 requires it to attempt to negotiate in good faith and to give the owner a written offer supported by the appraisal it relies on. That package is the offer.

The appraisal behind it is a professional opinion prepared for the acquiring agency. It is a reasonable starting point and it is not the last word, particularly where only part of your property is being taken.

The short answer

Read the appraisal, not just the number. Most disagreements in Florida turn on assumptions buried in it: what the highest and best use was taken to be, how access was treated, and whether harm to the remaining land was valued at all.

What to examine in the package

Fair market value

The base measure, and the comparables the appraiser chose.

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Partial taking

Whether this is a strip, a corner or a corridor, and what is left.

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Severance damages

Whether harm to the remainder was valued or assumed away.

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Loss of access

Driveway changes, medians and turning movements.

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Business impact

Whether a business on the property was considered at all.

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Remaining property

How the leftover parcel was treated after the take.

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Working through the offer

1

Confirm what is being acquired

Fee, permanent easement, temporary construction easement, or a mix. Each is valued differently.

2

Read the highest and best use finding

This single assumption drives the number more than any other.

3

Check the comparable sales

Are they genuinely comparable in size, zoning, frontage and date?

4

Look for the remainder analysis

On a partial taking, the value of what is left before and after the project is a separate question.

5

Test the access assumptions

An appraisal that treats access as unchanged, where the plans move a driveway, is worth questioning.

6

Ask about business damages

If a business of standing operates there, section 73.071(3)(b) may be in play and is easily overlooked.

7

Consider your own appraisal

Section 73.091 makes the condemning authority responsible for reasonable defence costs, which alters the calculation on obtaining one.

What property owners often consider

An offer is a position

Section 73.015 requires the attempt to negotiate. Treating the first figure as fixed gives up the stage the statute created.

Florida pays your fees on the benefit obtained

Under section 73.092 attorney fees are measured by the benefit achieved for the owner. The structure exists precisely so that owners can test an offer.

Related resources

Frequently asked questions

Do I have to accept the offer?

No. The presuit offer is the statutory attempt to reach agreement. If no agreement is reached the authority may file a petition and compensation is decided in court.

Will I get less if I question it?

Compensation is determined on the evidence of value. Section 73.071 puts that question to a jury where the parties cannot agree.

Should I get my own appraisal?

Many owners do, particularly on partial takings where the remainder analysis is the contested part. Discuss it with a licensed Florida attorney first.

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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