Florida Law
What the constitution and chapter 73 give an owner facing a taking, and where the burden sits.
An owner facing eminent domain in Florida is not simply a bystander to a decision already made. The constitution sets conditions on the taking itself, and the statutes give the owner a defined place in the process, with the cost of occupying that place carried by the condemning authority.
These are practical rights rather than abstractions. They shape what you can ask for, what must be handed to you, and who pays for the argument.
The short answer
You are entitled to a public purpose, to full compensation, to a written offer with the appraisal behind it before suit, to have compensation decided by a jury if you disagree, and to have your reasonable costs and attorney fees paid by the authority.
Article X section 6 permits a taking only for a public purpose.
Read morePaid to you or secured by deposit in the registry of the court.
In preparationSection 73.015 requires both before a petition is filed.
Read moreSection 73.071 puts value, severance damages and business damages to a jury.
Read moreSection 73.091 places reasonable defence costs on the condemning authority.
Read moreSection 73.092 measures fees by the benefit obtained for the owner.
Read moreThe taking must serve a public purpose. Section 73.014 removes clearing blight from the list of permissible aims.
You can ask what is proposed, in what interest, and see the plans.
Section 73.015 requires a good faith attempt to negotiate, a written offer, and disclosure of the appraisal relied on.
Chapter 73 governs the petition and your response, including a pretrial hearing.
Chapter 74 requires a deposit sufficient to secure and fully compensate before title vests.
A jury determines compensation under section 73.071.
Costs under section 73.091 and attorney fees under section 73.092 fall on the condemning authority.
The offer package includes the appraisal for a reason. Its assumptions about highest and best use, access and the remainder are where most of the disagreement actually lives.
Section 73.071(3)(b) exists and is regularly missed. If an established business operates on the property it belongs in the conversation from the start.
A temporary construction easement that behaves like a permanent one, or a corridor wider than the project needs, is a fair subject of challenge.
Sections 73.091 and 73.092 were written so that ordinary owners could test an offer without funding it themselves.
You can decline the offer. Where the taking is authorised and serves a public purpose, declining moves the question of compensation to court rather than stopping the acquisition.
Nothing prevents you obtaining one, and on contested partial takings it is common. Section 73.091 is relevant to the cost.
Public purpose is a constitutional requirement, and sections 73.013 and 73.014 place express limits on redevelopment and blight based takings. Whether a challenge is available on your facts is a question for a licensed Florida attorney.
Raise it promptly and in writing. Where a public body has taken or damaged property without a formal proceeding, inverse condemnation is the route owners use.
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