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Condemnation in Florida

The court proceeding itself, from petition to judgment, and the order of taking that runs alongside it.

Get Help The full process

Eminent domain is the power. Condemnation is the proceeding through which the power is exercised. In Florida that proceeding sits in chapter 73 of the Florida Statutes, with chapter 74, titled proceedings supplemental to eminent domain, providing the mechanism for early possession.

Understanding which chapter you are in tells you what has already happened and what remains open.

The short answer

Chapter 73 decides compensation. Chapter 74 lets the authority take possession and title before that decision, against a deposit that secures what you are owed.

How a condemnation runs

1

Presuit negotiation

Section 73.015 requires a good faith attempt to agree, with a written offer and the appraisal relied on.

2

Petition

Chapter 73 governs its contents and service.

3

Declaration of taking

Filed under chapter 74 where early possession is sought.

4

Order of taking hearing

The court considers the declaration and sets the deposit. A public body deposits its estimate of value, a private entity double that amount.

5

Deposit and vesting

The sum is paid into the registry of the court, which secures compensation, and title or the interest sought vests.

6

Pretrial

Valuation evidence is exchanged and the issues narrowed.

7

Trial

Section 73.071 puts value, severance damages and business damages to a jury.

8

Judgment

The award is entered and paid, with costs under section 73.091 and attorney fees under section 73.092.

What property owners often consider

Possession is not the end

A deposit secures compensation. It does not decide it. The valuation case continues after the authority has taken possession.

The deposit is available to you

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.

Frequently asked questions

What is the difference between chapter 73 and chapter 74?

Chapter 73 is the condemnation proceeding that determines compensation. Chapter 74 is the supplemental procedure that allows early possession while that determination is still pending.

What is an order of taking?

The court order under chapter 74 permitting the authority to take possession and title in advance of final judgment, against a deposit sufficient to secure and fully compensate those entitled.

Will there be a jury?

Where the parties cannot agree on compensation, section 73.071 provides for a jury to determine it.

How much must be deposited?

Enough to fully secure and fully compensate those entitled. For state agencies, counties and cities that is the petitioner estimate of value. For private entities it is double that amount.

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