Being told the government wants your property is unsettling, and it is easy to feel like you have no say in it. You do have a say, and you do not have to face this alone. Eminent domain is the government's power to take private property for public use, but the Constitution says property owners must be paid fairly for anything taken. If the government wants to take your property or already has, the eminent domain attorneys at Templer & Hirsch will fight to make sure you get every dollar you are owed. In our experience, the government's first offer is almost never its best, and property owners who push back with an independent appraisal often recover far more than what was first put on the table.
Florida Eminent Domain Lawyers

What Is Eminent Domain?

Under the Fifth Amendment to the U.S. Constitution and Florida law, the government can take private property for public use, but only if it pays the owner fair compensation. In Florida, the groups that can use eminent domain include federal and state agencies, counties, cities, school boards, and utility companies that have the power to condemn property.

What Is Just Compensation?

Just compensation usually means the fair market value of your property, or what a willing buyer would pay a willing seller in a normal sale. The problem is that the government's first offer is often well below what the property is really worth. We work with independent appraisers and other experts to value your property the right way so you receive the most compensation possible.

Business Damages and Severance Damages

Beyond the value of the land itself, you may also be owed business damages if the taking hurts or displaces your business, severance damages if only part of your property is taken and what is left is worth less, and moving and relocation costs. We look at every type of compensation you could be entitled to.

Don't Accept the Government's First Offer

Government agencies often offer less than what the property they are taking is truly worth. You have the right to challenge that amount and seek a larger award through negotiation or trial. Hiring an experienced eminent domain attorney is often the single most important step you can take to get the most for your property. Call Templer & Hirsch today for a free consultation.

Why Florida Eminent Domain Law Favors the Property Owner

If a government or utility is taking your property through eminent domain, Florida law is unusually protective of owners. The Florida Constitution (Article X, Section 6) requires full compensation, and, remarkably, the condemning authority generally has to pay your reasonable attorney's fees and expert costs.

Who pays your legal and expert fees

Eminent domain is the rare case where the other side pays them

Typical lawsuit
You do, out of your recovery
Florida eminent domain
The government does

Under Fla. Stat. §§ 73.091 and 73.092, the condemning authority pays the owner's reasonable attorney's fees and costs, including appraisers and experts. That means challenging a lowball offer usually costs you little or nothing out of pocket.

FullCompensation required by the Florida Constitution
Gov'tPays the owner's attorney & expert fees
$0Typical out-of-pocket cost to contest an offer

The first offer is rarely the full value. "Full compensation" can include not just the land taken but severance damages to your remaining property and, for businesses, certain business damages under Fla. Stat. § 73.071. Because the authority pays your fees, there is little downside to having the offer reviewed. Learn more about the firm on our firm overview or reach us through our contact page.

Where We Handle Florida Eminent Domain Lawyers Cases

We represent Florida property and business owners facing condemnation, including in:

Frequently Asked Questions

Do I have to pay a lawyer to fight an eminent domain taking in Florida?

In most cases, no. Under Fla. Stat. §§ 73.091 and 73.092, the government or condemning authority is generally required to pay the property owner's reasonable attorney's fees and expert costs. That is one reason it rarely makes sense to accept the first offer without a review.

What does 'full compensation' mean?

The Florida Constitution requires full compensation for a taking, which can go beyond the raw value of the land. It may include severance damages to the portion of your property you keep, and in some cases business damages for an established business affected by the taking.

Can the government take my property if I object?

The government has the power of eminent domain, but it must follow the law and pay full compensation, and you have the right to challenge the amount. Owners frequently recover significantly more than the initial offer once the valuation is properly contested.

What is 'quick-take' in Florida?

Under Chapter 74, Florida authorities can take title and possession relatively quickly by depositing their estimate of value with the court, before the final amount is decided. You can still litigate the true full compensation you are owed after that deposit.

Explore more ways Templer & Hirsch can help, and use our settlement calculators for federal maritime claims.

Sources & further reading (verify before relying on them)

This page is general information, not legal advice. Laws change; confirm the current statute and speak with an attorney about your situation.