Florida Law
From project planning to final compensation, the sequence chapter 73 and chapter 74 set out.
Florida runs eminent domain through two chapters. Chapter 73 governs the condemnation proceeding itself, from the presuit offer through to judgment. Chapter 74, titled proceedings supplemental to eminent domain, governs the order of taking, the mechanism that lets an authority obtain possession and title before compensation has been finally decided.
Understanding which chapter you are in tells you what has already happened and what is still open.
The short answer
Presuit negotiation with a written offer comes first. If there is no agreement a petition is filed. The authority may then take possession early against a deposit. Compensation is decided last, by a jury if the parties still disagree.
The petition, the pretrial hearing, the trial, the judgment, costs and fees.
In preparationDeclaration of taking, hearing, deposit, and vesting of title in advance of judgment.
In preparationThe constitutional frame the statutes operate inside.
Read moreThe agency settles what land the project requires.
Parcels within the footprint are identified and measured.
The authority obtains a valuation of the interest it intends to acquire.
Section 73.015 requires a good faith attempt to agree, a written offer, and the appraisal relied on.
If no agreement is reached, chapter 73 governs the filing and service of the petition.
Where early possession is needed, the authority files under chapter 74.
The court considers the declaration and sets the deposit. A public body deposits its estimate of value; a private entity must deposit double that amount.
The sum is paid into the registry of the court, which secures compensation, and title or the interest sought vests.
Valuation evidence is exchanged and the issues narrowed.
Under section 73.071 a jury determines value, severance damages and business damages where they apply.
The award is entered and paid, with costs under section 73.091 and attorney fees under section 73.092.
A deposit secures compensation. It does not decide it. The valuation case continues after the authority has taken possession.
Article X section 6 describes compensation secured by deposit in the registry of the court and available to the owner. When to draw it is a question for counsel, because it interacts with the rest of the case.
It varies with the project, the complexity of the valuation and whether the parties agree. Confirm any deadline applying to your matter with a licensed Florida attorney rather than working from a general timeline.
Chapter 74 allows possession and title in advance of final judgment, but only against a deposit into the registry of the court sufficient to secure and fully compensate those entitled.
Chapter 73 is the condemnation proceeding that determines compensation. Chapter 74 is the supplemental procedure that allows the authority to take early possession while that determination is still pending.
Where the parties cannot agree on compensation, section 73.071 provides for a jury to determine it.
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