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Negotiating with eminent domain

On Behalf of | Jul 11, 2022 | Eminent Domain |

Under Florida Statute Section 73.015, the condemning party in an eminent domain proceeding is required to have good-faith negotiations with the owner of the parcel to be acquired. The condemning authority is required to submit a written offer and, if requested, the appraisal that the offer was based on. State laws require the authority to attempt to reach an agreement for compensation paid in exchange for the parcel.

Eminent domain in Florida

Aside from offering fair compensation, Florida requires the condemning authority to prove that the parcel is being taken for public use. State laws also require the condemning authority to cover the attorney fees of the property owner and the costs of settling the case. Once notified, the law allows property owners to hire legal representation qualified to help ensure that their interests and rights are properly protected. In these types of cases, attorney fees are covered in addition to the settlement awarded.

Understanding eminent domain

An eminent domain lawyer helps property owners understand the purpose and scope of the proposed project. These lawyers are also qualified to help with the appraisal report and valuation. Florida also requires the condemning authority to cover the cost of a second appraisal and the report from an independent appraiser chosen by the property owner. Attorneys of the property owners may also request commissioning a traffic study to assess property losses, also paid for by the government.

Property owners and their attorneys are in a better position to have fair negotiations once they have gathered sufficient information on the proposed project and how it will affect property values. The counteroffer is often designed to cover the potential losses better than the initial proposal. If the government and property owner fail to reach an agreement, the government may file suit for condemnation.