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The government wants to acquire your property

How an acquisition begins in Florida, who holds the power, and the limits the state places on its use.

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The power to take private property sits with the state and with the bodies the legislature has authorised to use it. In Florida that includes the Department of Transportation, counties, municipalities, school boards, water management districts and certain utilities.

Article X section 6 of the Florida Constitution allows a taking only for a public purpose, and requires full compensation paid to the owner or secured by deposit in the registry of the court.

The short answer

An acquisition must serve a public purpose and must be paid for in full. Florida narrowed what counts as a public purpose after 2005, and its statutes now expressly bar takings aimed at clearing blight and restrict passing condemned land to private parties.

Who may acquire, and for what

Transportation projects

FDOT and local authorities acquiring right of way for roads and transit.

In preparation

Utility projects

Water, sewer, power and pipeline corridors.

In preparation

Public infrastructure

Drainage, stormwater, schools and civic facilities.

In preparation

Redevelopment projects

Community redevelopment, and the limits Florida now imposes.

In preparation

Public improvement projects

Coastal resilience and shoreline work.

In preparation

Highway projects

Widening, interchanges and new alignments.

In preparation

How an acquisition usually unfolds

1

The project is planned and the corridor fixed

Design and funding settle what land is needed.

2

Parcels are identified and surveyed

Your property is mapped against the proposed footprint.

3

An appraisal is prepared

The agency obtains a valuation of what it intends to take.

4

A written offer is made

Section 73.015 requires a good faith attempt to negotiate before suit, with the offer and appraisal provided.

5

Negotiation

You review, question the assumptions, and may present your own valuation.

6

Petition filed if no agreement

The matter moves to court under chapter 73.

7

Order of taking, where used

Under chapter 74 the authority may take possession and title in advance of final judgment by depositing a sum that secures compensation.

8

Compensation determined

A jury decides value, severance damages and business damages where they apply, under section 73.071.

What property owners often consider

The 2005 and 2006 changes

Florida responded to the national debate over economic development takings by restricting the conveyance of condemned property to private entities under section 73.013, and by prohibiting the use of eminent domain to eliminate nuisance, slum or blight conditions under section 73.014.

Full compensation, not just market value

The constitutional standard in Florida is full compensation. In practice that reaches beyond the value of the strip acquired, particularly on partial takings.

Frequently asked questions

Can a private company take my property in Florida?

Certain utilities and similar entities hold condemnation authority for defined purposes. Chapter 74 also requires a private entity using the order of taking procedure to deposit double the estimate of value that a public body would deposit.

Can my property be taken to clear blight?

Section 73.014 prohibits the use of eminent domain to eliminate nuisance, slum or blight conditions. This is one of the clearest changes Florida made after 2005.

Can the land be handed to a developer afterwards?

Section 73.013 restricts conveying property taken by eminent domain to private entities, with defined exceptions for matters such as utilities, public infrastructure and transportation.

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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