Florida Law
The court proceeding itself, from petition to judgment, and the order of taking that runs alongside it.
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.
The sequence from first contact to judgment.
Read moreWhich bodies may bring a proceeding.
Read moreWhat you can raise, and when.
Read moreWhat the proceeding is ultimately deciding.
Read moreHow you get here in the first place.
Read moreThe components of the award.
Read moreSection 73.015 requires a good faith attempt to agree, with a written offer and the appraisal relied on.
Chapter 73 governs its contents and service.
Filed under chapter 74 where early possession is sought.
The court considers the declaration and sets the deposit. A public body deposits its estimate of value, a private entity 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.
Section 73.071 puts value, severance damages and business damages to a jury.
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.
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.
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.
Where the parties cannot agree on compensation, section 73.071 provides for a jury to determine it.
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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