Eminent Domain

Eminent Domain is when a Governmental Authority, and utility, or a special district possesses the right of eminent domain to acquire a portion or all of one’s property.

The government has the right to take private property for a public purpose--such as to create or expand highways and roads, schools, fire stations, or other public infrastructure such as utilities, ponds, or flood control. Many levels of government in Florida have the right to take private property by eminent domain for a public purpose.

Under the Constitution and the Florida Constitution, landowners have the right to receive compensation for the taking of their property. Under Federal Law, it is the right to receive “just compensation;” under Florida law, it is the right to receive “full compensation.” These terms sound similar, but there can be differences.

Landowners can challenge eminent domain actions under state or federal law by arguing that the project lacks a public purpose use, or their property is not actually necessary for the project, or that the government’s valuation of the property is legally insufficient.

The condemning authority will have teams of engineers, appraisers, review appraisers, and attorneys working to advance its interests, often with the goal of paying as little as possible. Landowners, on the other hand, only get one chance to secure compensation.

That’s why it’s critical to have your own attorney and experts. In Florida, you generally do not pay for these services out of pocket. By law, the condemning authority must cover your reasonable attorney’s fees and expert costs. Every landowner and tenant/business owner needs an attorney and a set of experts to defend them.

Eminent domain cases are challenging, and it’s critical to have an experienced legal team on your side. To protect your interests, contact Callan Law Firm today.