Compensation
What the constitution actually promises, and why the word full does real work here.
Article X section 6 of the Florida Constitution permits a taking only for a public purpose, and requires full compensation, paid to each owner or secured by deposit in the registry of the court and available to the owner.
Most state constitutions say just compensation. Florida says full compensation, and the difference is not decorative. It directs attention to everything the owner has lost rather than only to the market value of the ground acquired.
The short answer
Full compensation means the value of what is taken plus the effect on what you keep, and in Florida it can also reach damage to a business operating on the property.
The starting measure.
Read moreHarm to the land that remains.
Read moreHow the residue is valued afterwards.
Read moreChanged entrances and turning movements.
Read moreDamage to a business of standing.
Read moreThe pattern where all of this matters most.
Read moreFee, permanent easement or temporary construction easement.
The assumption that moves the number most.
Market evidence applied to that interest.
The whole parcel as it stood.
The same land with the take made and the project built.
The difference, where there is one.
Section 73.071(3)(b), subject to its conditions.
Sections 73.091 and 73.092 place these on the condemning authority.
An offer built only on the market value of the strip has answered the easier question and stopped.
Article X section 6 allows compensation to be secured by deposit in the registry of the court and made available to the owner. Chapter 74 is the mechanism.
Florida uses the word full in Article X section 6. In practice it directs attention beyond the value of the part acquired to the effect on the owner as a whole, particularly on partial takings.
Article X section 6 requires compensation to be paid to the owner or secured by deposit in the registry of the court and available to the owner.
Sections 73.091 and 73.092 make the condemning authority responsible for reasonable costs of the defence and for attorney fees calculated on the benefit obtained.
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