Florida Eminent Domain Blog | Gregory W. Stoner

The condemnation process can be confusing. Here is a breakdown to help you understand how it works.

Planning and Surveying

First, government entities are required to submit plans for a project for appropriate oversight. These plans should be carefully evaluated and based on them the work site should be surveyed to determine exactly what property is necessary for the completion of the project. This may include not only the project itself, but environmental offsets and drainage areas.

Pretrial Negotiation

Florida law requires that the government try to negotiate with you for your property before beginning eminent domain actions. You should receive an offer and can make a counter-offer. If the government doesn't want to buy your property for what you are willing to sell it, they will begin eminent domain proceedings.

Order of Taking Hearing 

At this hearing, you can protest the taking of your property. If the condemning authority can establish they need your property for a valid public purpose, you will lose your property and be paid only what the government considers fair compensation.

Full Compensation Hearing

At this hearing, you will be able to argue in front of a jury that you deserve more compensation for your property. You can present alternate appraisals and additional considerations left out of the government's estimate. If you are awarded more than the government's offer, the government will pay you interest, court costs, and attorney's fees.

Appeals 

After the compensation hearing, either you or the government can appeal the ruling. Several appeals are possible: they sometimes go to the US Supreme Court.

If you are facing condemnation of your property in Tampa or anywhere in Florida, don't go it alone. Please contact the Florida Property Rights Law Firm today for a free initial consultation on your legal rights and options.