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Your Situation

You disagree with the offer

What happens in Florida when owner and agency cannot agree, and how compensation is decided instead.

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Disagreement is ordinary. The agency values what it is acquiring, the owner values what they are losing, and on partial takings those two questions are genuinely different.

Florida resolves the gap through chapter 73. If presuit negotiation does not produce agreement, the authority files a petition and the question of compensation moves to court, where section 73.071 puts value, severance damages and business damages to a jury.

The short answer

You are not obliged to agree. Compensation in Florida is ultimately a jury question, and the statutes place the cost of defending the claim on the condemning authority rather than the owner.

Where disagreements usually sit

Highest and best use

A finding that understates what the land could be used for.

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The remainder

Harm to the land left behind, valued lightly or not at all.

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Access

Plans that change circulation while the appraisal assumes it unchanged.

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Business damages

An operating business the appraisal did not reach.

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Scope of the take

Whether an easement is really as limited as described.

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Cure assumptions

Fixes the appraisal assumed you could make, that may not be practical.

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What happens if you do not agree

1

Presuit negotiation continues or ends

Section 73.015 governs the attempt that must be made first.

2

A petition is filed

Chapter 73 sets out the contents and the service requirements.

3

Order of taking, in many cases

Under chapter 74 the authority may seek possession and title before final judgment by depositing a sum that secures compensation.

4

The money is deposited

Article X section 6 allows compensation to be secured by deposit in the registry of the court and made available to the owner.

5

Valuation evidence is exchanged

Both sides put forward appraisal evidence.

6

A jury determines compensation

Section 73.071 covers value, severance damages and business damages.

7

Costs and fees

Section 73.091 makes the authority responsible for reasonable defence costs, with attorney fees under section 73.092.

What property owners often consider

Taking the deposit

Money deposited under chapter 74 is generally available to the owner. Whether and when to draw it is a question to raise with counsel, because it interacts with the rest of the case.

The fee structure is the point

Section 73.092 measures attorney fees by the benefit obtained for the owner. The legislature built the mechanism so that disputing an inadequate offer is realistic for ordinary owners.

Related resources

Compensation

Open

Severance Damages

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Business Impact

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The Process

Open

Frequently asked questions

Can they take the property before the case ends?

Under chapter 74 an authority may obtain possession and title in advance of final judgment through a declaration of taking and a deposit that secures compensation. The amount still to be determined is decided later.

Who pays my attorney if I dispute the offer?

Section 73.091 places reasonable costs of the defence on the condemning authority, and section 73.092 governs attorney fees, calculated on the benefit obtained.

Does disputing the offer delay construction?

Not usually, because the order of taking procedure lets the project proceed while compensation is still being determined.

Understand your property situation before the next step

Explore Florida resources matched to your property type, the project affecting it, and the stage you have reached.

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