Glossary
The terms that appear in notices, appraisals, offers and pleadings, defined in plain language.
The provision of the Florida Constitution governing takings. It 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.
Compensation for damage to a business operating on the property, allowed under section 73.071(3)(b) subject to conditions including the period the business has been established. Unusual among states.
The part of the Florida Statutes governing eminent domain proceedings, from presuit negotiation through trial, costs and attorney fees.
Proceedings supplemental to eminent domain. The order of taking procedure that allows possession and title before final judgment against a deposit.
The court proceeding through which the power of eminent domain is exercised.
The party exercising the power to take. Usually an agency, locality or authorised entity.
The cost of a practical fix that reduces or removes damage to the remainder, where such a fix exists and is genuinely workable.
The document filed under chapter 74 that begins the order of taking process.
A right to use land for a defined purpose while the owner keeps the ground. What the document permits decides what it costs you.
The power of government, and of certain authorised bodies, to take private property for a public purpose on payment of compensation.
The price a willing buyer would pay a willing seller, neither under compulsion and both reasonably informed.
Full ownership of land, as distinct from an easement or a lesser interest.
The Florida constitutional standard. Broader than market value alone, reaching the effect on everything the owner keeps.
The most profitable legally permissible and physically possible use of the land. The assumption that moves a valuation most.
A claim brought by an owner where a public body has taken or damaged property without bringing a condemnation proceeding.
Used interchangeably with full compensation in ordinary speech, though Florida constitutional text uses the word full.
The loss or impairment of the ability to reach a property, through relocated driveways, closed medians or changed turning movements.
The court order under chapter 74 permitting possession and title in advance of final judgment against a deposit.
An acquisition of part of a property, leaving a remainder. The commonest pattern in highway and utility work.
An easement with no end date, running with the land indefinitely.
The written offer, supported by the appraisal relied on, that section 73.015 requires before a petition is filed.
The constitutional requirement that a taking serve the public. Section 73.014 excludes eliminating nuisance, slum or blight conditions.
Another name for the remaining property. The land left after a partial taking.
The corridor of land a road or utility project occupies, and the interest acquired in it.
Restricts conveyance of property taken by eminent domain to private entities, with defined exceptions.
Prohibits the use of eminent domain to eliminate nuisance, slum or blight conditions.
Requires presuit negotiation in good faith, with a written offer and the appraisal relied on.
Provides for jury determination of compensation, including severance damages and business damages.
Places reasonable costs of the defence on the condemning authority.
Governs attorney fees, calculated on the benefit obtained for the owner.
The reduction in value of the property left behind after a partial taking.
A time limited right to use land during construction, which should end and be restored on completion.
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