Challenging Eminent Domain: When and How You Can Fight Back
When property owners receive an eminent domain notice, many assume they have no choice but to accept the government’s decision. But that’s not always true— in some cases, you can fight back.
If the government’s taking is unlawful, unfair, or based on false claims, you may have legal options to challenge eminent domain and protect your property.
In this article, we break down the key scenarios where property owners can contest eminent domain and how to fight back successfully.
Can You Challenge an Eminent Domain Claim?
The government has broad authority under eminent domain law, but that doesn’t mean their claims are always valid or justified.
You may be able to fight eminent domain if:
- The taking does not serve a legitimate public use
- The government’s offer is unfairly low
- The government did not follow proper procedures
- The project harms your remaining property value
If any of these apply to your situation, you should consult an eminent domain attorney immediately to explore your legal options.
Three Ways to Challenge Eminent Domain in Florida
1. Challenge the ‘Public Use’ Justification
Under Florida law, the government can only seize private property if it is for a legitimate public purpose.
But what if the land is being handed to a private developer?
This is one of the most contested areas of eminent domain law. The U.S. Supreme Court ruled in Kelo v. City of New London that governments can take private property for economic development—but Florida passed laws to restrict this practice after public backlash.
If your property is being taken for a private business or development project, you may be able to fight back and stop the taking.
2. Dispute the Government’s Compensation Offer
Even if a taking is legal, the government must pay you full and fair compensation— and their first offer is usually low.
Here’s why:
- They base their offer on outdated or undervalued property assessments
- They don’t include business damages or relocation costs
- They avoid compensating for lost future income (for commercial properties)
Never accept the first offer. An experienced eminent domain attorney can negotiate for a significantly higher payout.
3. Argue That the Taking Causes Unnecessary Harm to Your Property
In some cases, the government may only take a portion of your land— but what if the project significantly lowers the value of what remains?
This is known as severance damages.
Example: If a highway expansion takes half your commercial property but leaves the rest unusable or difficult to access, you deserve compensation for that loss— or may even be able to challenge the taking entirely.
A legal challenge based on severance damages can lead to higher compensation or even prevent the taking altogether.
How Do You Challenge an Eminent Domain Case?
If you believe the government’s taking is unjustified, here’s what you should do:
- Step 1: Request a Justification Report – The government must explain why they are taking your land. Review their reasoning with a lawyer.
- Step 2: Hire an Eminent Domain Attorney – Many attorneys only represent property owners and don’t charge unless they win.
- Step 3: Demand a Higher Offer – If the compensation is unfair, file an official challenge with the help of your lawyer.
- Step 4: Take the Case to Court (If Needed) – If negotiation fails, your lawyer can fight the taking in court to prevent it or secure a higher payout.
Final Thoughts
Eminent domain does not mean you have to automatically surrender your property. If the taking is unlawful, unfair, or undervalued, you have the right to fight back.
If you are facing eminent domain in Florida, Brigham Property Rights is here to help. Our team has successfully challenged government takings and helped clients secure higher compensation.