Florida Eminent Domain Blog | Gregory W. Stoner

Eminent domain is a sovereign right of the government, but in both the US Constitution and the Constitution of the State of Florida this right is explicitly limited. The Fifth Amendment of the US Constitution states, "Nor shall private property be taken for public use, without just compensation."

The Constitution of the State of Florida has similar, but more extensive language in Article X, Section 6 Eminent Domain:

(a) . No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.
(b). Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another.
(c). Private property taken by eminent domain pursuant to a petition to initiate condemnation proceedings filed on or after January 2, 2007, may not be conveyed to a natural person or a private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature.

There are many distinctions between the constitutional language of the US and Florida. First, the provision for drainage relates to the fact that so much of the state is swamp land and the first problem for many people is drainage.

Second, the Constitution of the State of Florida was amended in 2006 specifically in response to the case of Kelo v. City of New London, the Supreme Court's 2005 watershed decision on eminent domain.

Finally, the Constitution of the State of Florida uses the language "full compensation" rather than "just compensation." Full compensation may mean your property is worth more than you know, and often means it is worth far more than the condemning authority's initial offer. The eminent domain lawyers at the Florida Property Rights Law Firm, PA can help ensure you get full compensation for your property.

Contact us today to learn more.