Prior to filing any eminent domain action, the condemning authority is required to provide the landowner with a presuit sec. 73.015 initial offer for the land to be taken and any damages to the remaining property.

Prior to that offer, the condemning authority may appraise the property and inspect it. The appraiser for the condemning authority or the condemning authority will send out representatives to meet the landowner.

It is more than a meet and greet. Photos will be taken, and notes will be created from the perspective of the government’s point of view. It has been our experience that many landowners do not know which attributes add or deduct value from their property/claim in eminent domain. An attorney can help avoid any pitfalls during this initial meet and greet. The landowner should obtain their own counsel.

After the initial offer is received, the landowner then has the right to hire their own appraiser and have the government pay for it later. An experienced eminent domain attorney will know which appraiser to hire or avoid, as the eminent domain involves several departures from normal appraisal practices. Also, eminent domain appraisal is in the form of litigation, such that the appraisal will be required to survive heightened scrutiny as to the methodology, selection of sales, and compliance with case law.

It is our experience that 99% of all eminent domain parcels have been settled, with only the smallest percentage going to trial. To avoid trial and to promote the best possible settlement, it is best for the landowner to prepare with thorough research, sales data, engineering, and site analysis as to the condition before and the remainder.

After the negotiation period, a statutory minimum period of 30 days, but which in our experience extends upwards to an average of 180 days or so, the condemning authority can file the eminent domain suit to seek the Order of Taking. Landowners or tenants each have the right to challenge the taking on public purpose or necessity grounds. Most eminent domain actions are “quick-takes,” where the condemning authority is required to submit its appraised value into the court registry, with the landowner having the opportunity to withdraw those funds.

If the taking is not settled, mediation will be ordered. If mediation is unsuccessful, then the matter will be set for a jury trial. The jury will be presented with the evidence from both the condemning authority and the landowner as to the value of the land acquired, any severance damages to any remainder, and any business damages to any qualifying business. Before that, at trial the jury will review the site. The jury will then determine the compensation to be awarded.

Under Florida Law, business owners may be entitled to Business Damages. Business Damages include, but are not limited to, the reduced profit-making ability caused by the proposed partial taking of an existing business of 5 years or more that has been located on the part to be acquired and the remainder of the property. Business Damage claim must be prepared and presented to the condemning authority within the required 180-day period after the business owner has been provided the statutory notice under s. 73.015.

Callan Law Firm has been counsel in over 28 eminent domain jury trials and has substantial experience in the presentation of a case and cross-examination of the opponent's case.