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Partial takings in Florida

The commonest pattern, and the one where most of the value sits in the land you keep.

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Most Florida condemnations do not take a whole property. They take a strip of frontage, a corner, or a corridor across the middle, and leave the owner with the rest. That remainder is where the money usually is.

A partial taking asks two questions rather than one. What is the part acquired worth, and what has the project done to everything else.

The short answer

The value of the strip is the easy half. The value of what the strip leaves behind is the half that decides whether an offer is close.

How the calculation runs

1

Value the whole property before the taking

At its highest and best use.

2

Identify precisely what is acquired

Area, interest and position within the parcel.

3

Value the part taken

The first component of the award.

4

Value the remainder after the taking

With the take made and the project built.

5

Establish severance damages

The reduction in the value of the remainder.

6

Consider cost to cure

Where a practical fix exists, its cost may be relevant. Where it does not, the damage stands.

7

Add business damages where they apply

Section 73.071(3)(b) and its conditions.

Why the remainder is usually the larger number

Shape and usability

A parcel left long, narrow or awkward may not support what the whole once did.

Access

The remainder may be harder to enter, exit or move around.

Setbacks and buildable area

Losing a strip can push a building envelope below what regulations allow.

Proximity to the project

Land now adjoining a road or facility is not the land it was.

Severance

A corridor dividing a holding can strand the far side entirely.

Cure assumptions

Appraisals sometimes assume a fix. Test whether it is practical and whether its cost was counted.

Frequently asked questions

The take is tiny. Should I bother?

Small takes in poor positions frequently produce the largest proportionate damage to the remainder. The size of the strip is a weak guide to the size of the claim.

What if the appraisal shows no damage to the remainder?

Ask how the remainder was valued and what it assumed about access, shape and use. That is where the disagreement will be.

Does a business on the property change things?

In Florida it may add a separate element under section 73.071(3)(b), which is unusual and easily overlooked.

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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