Florida Eminent Domain Blog | Gregory W. Stoner

Getting full compensation for your property requires an understanding of the complex laws that govern eminent domain, and is significantly different for business and private property and partial takings and full takings.

Full Taking Compensation

In a full taking, your compensation is based on the appraisal of the property according to its potential. This means that an appraiser must take into consideration the property's "highest and best use."

Although you initially have to accept the government's assessment, you can get full compensation as determined by a jury at a special compensation hearing. If this compensation is more than the government's offer, you not only get the additional money, you get interest from the date of the taking to the date of the full compensation finding, and the government pays court costs and attorney's fees.

Partial Taking compensation

In a partial taking, your compensation is based on the property taken, but also on the decreased value of the property that is left behind. If, for example, your smaller lot cannot now be used for certain purposes, you have to be compensated for your reduced development options. This payment for damage to the rest of your property is known as "severance damages."

Business Damages

Most of the time, business damages are not considered part of full compensation, but they may be granted any time your property is taken in an eminent domain action. However, if part of your property is taken, you may be given significant business damages if the partial taking forces you to relocate.

If you want to get full compensation for your property, you need the assistance of an experienced eminent domain attorney. For help with an eminent domain action in Tampa or across Florida, please contact the Florida Property Rights Law Firm today for a free consultation.