What Is Eminent Domain?
Eminent domain is the constitutional power of a government entity (federal, state, or local) to seize private real estate for public use without the owner's consent. The legal process by which the government exercises this power is called condemnation.
Both the U.S. Constitution (Fifth Amendment) and the Florida Constitution (Article X, Section 6) require that the government must pay the owner "full compensation" for the taking.
Florida Eminent Domain Law
Florida's eminent domain procedures are highly protective of private property owners, governed primarily by Chapter 73 (Eminent Domain) and Chapter 74 (Order of Taking) of the Florida Statutes.
The "Public Purpose" Requirement
The government can only take property for a valid public purpose. Common examples include:
- Widening highways or building new roads (creating a right of way)
- Installing public utilities, water lines, or drainage infrastructure
- Building schools, parks, or government facilities
Florida law strictly prohibits taking private property solely to transfer it to a private developer for economic development (a response to the controversial 2005 U.S. Supreme Court decision in Kelo v. New London).
Full Compensation in Florida
In Florida, "full compensation" is interpreted broadly. It includes:
- Fair market value of the land actually taken.
- Severance damages — If only part of the property is taken, the government must pay for the reduction in value to the remaining property.
- Business damages — Unique to Florida (under Section 73.071), established businesses operating on the property for at least 5 years can recover for lost profits and business interruption.
- Attorney and expert fees — The government must pay all reasonable attorney's fees, appraisal costs, and expert witness fees incurred by the property owner to defend the taking and calculate value.
The Condemnation Process
The condemning authority must first attempt to negotiate a purchase in good faith. If negotiations fail, the government files a condemnation lawsuit in circuit court. The government can use a "quick-take" procedure under Chapter 74, allowing it to deposit an estimated value with the court and take immediate possession of the property while the final compensation amount is litigated.
Related Terms
- Condemnation — The legal process of exercising eminent domain
- Fair Market Value — The baseline for compensation
- Right of Way — A common reason for eminent domain takings
- Appraisal — Critical for determining full compensation
Barnes Walker Eminent Domain Defense
Barnes Walker's attorneys represent Florida property owners and business operators in eminent domain cases to maximize compensation for land value, severance, and business damages. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 73–74
Governs the power of government entities to acquire private property for public use, including the requirement of full compensation and the order-of-taking process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC