Florida Eminent Domain Blog | Gregory W. Stoner

The process of eminent domain in Florida can be difficult to understand. We have a complete rundown on the process of eminent domain, but here is a quick summary to help you keep it straight:

• Planning and public forums are generally the first stage in any public works project. If you are aware of them, you may learn of a plan that may or may not require eminent domain months or years before it is determined whether your property will be involved.

• Most often, the first people hear about eminent domain, though, is when the government makes an initial offer to purchase your property for what they consider fair market value. This is the best time to talk to an eminent domain lawyer.

• If you do not wish to sell, the government will file a court action. You will be informed of this action as required by law.

• The Order of Taking hearing is scheduled. At this hearing, we can fight the government's attempt to take your property, generally on the grounds that the taking is not for a legitimate public use.

• If the government succeeds in the Order of Taking hearing, they will pay you a "good faith" estimate of your property's value. After paying off mortgages, liens and encumbrances, the balance is yours. The government will take title to your property, but you do not have to accept this estimate as final. You still have an opportunity to fight for full compensation.

• At the next hearing, we will make arguments about what full compensation for your property would mean. This includes any severance damages or other applicable expenses due to the taking.

• If we are still not satisfied with compensation, we have the opportunity to appeal the decision.

When compensation is finalized, the government agency will be required to pay court costs and lawyer's fees. You never have to pay your eminent domain attorney, nor will you have to pay for experts' fees and appraisers, or other expenses you may incur in trying to establish the proper value for your property.

If you are facing an eminent domain action, don't face it alone. Instead, contact the eminent domain lawyers at the Florida Property Rights Law Firm today.