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For many property owners, the idea of going to court against the government feels intimidating. Eminent domain cases involve unfamiliar procedures, complex valuation arguments, and the weight of a public project moving forward with or without your consent. But Florida law gives landowners real tools and real leverage in the courtroom. If you’re facing the possibility of litigation, understanding how eminent domain cases are tried, and what your rights look like inside the courtroom, is essential to protecting what you own.
When Litigation Becomes Necessary
Most eminent domain proceedings begin with negotiation. The condemning authority, whether it is the state, a county, or a utility, must make a presuit offer and provide an appraisal summary as required under § 73.015. In many cases, those early discussions lead to a resolution. But when they don’t, litigation becomes the next step. Florida’s eminent domain litigation process is typically initiated when the condemning authority files a formal petition in circuit court under Chapter 73. In quick-take cases, the agency may also file a declaration of taking under Chapter 74, which allows it to take possession before the final compensation is determined. Whether you’re facing a quick-take or standard proceeding, once a petition is filed, litigation is in motion.
What the Government Must Prove
In court, the burden initially falls on the government to show that:
- The taking serves a valid public purpose
- The taking is reasonably necessary to accomplish that purpose
- Proper procedures have been followed, including notice, appraisal, and deposit (if applicable)
Florida courts generally defer to legislative and agency determinations of public use. However, they do not rubber-stamp every taking. If the public purpose is speculative, overly broad, or benefits a private party without proper legal basis, the court may step in. Case law such as Florida Department of Agriculture v. Mendez has clarified that necessity and public purpose must be supported by actual evidence—not just assertions in a filing.
Your Right to a Jury Trial on Compensation
If the court determines the taking is legally authorized, the case moves to the issue of compensation. Here, Florida gives you a powerful protection: the right to have a jury decide what your property is worth. This right is codified in § 73.071, which outlines the valuation process and the types of damages that may be included. These can include:
- Fair market value of the land taken
- Severance damages to the remainder parcel
- Business damages, for qualifying commercial properties
- Losses to improvements, fixtures, or access
- Temporary or construction-related impacts, where applicable
The jury hears testimony from appraisers, engineers, and other experts from both sides. They weigh evidence like comparable sales, income analyses, and zoning restrictions. Ultimately, the jury’s task is to determine the amount of compensation that represents full, fair value—not just the government’s opening offer.
Presenting Your Case: Experts Matter
Eminent domain trials are expert-driven. The quality of your appraiser, land planner, and legal team can make the difference between a modest offer and a significantly higher award. A good defense team will:
- Prepare an independent appraisal reflecting highest and best use
- Evaluate severance damages to the remainder of the property
- Quantify business losses where applicable
- Challenge the government’s appraisal assumptions and data
Cross-examination of the government’s experts often reveals gaps, omissions, or flawed methodology. The jury sees both versions—and chooses the one they find more credible. Because the issues are technical, clarity is critical. Expert testimony must not only be accurate but understandable. Judges and juries appreciate professionals who explain complex land valuation concepts in plain language.
Attorney’s Fees and Litigation Costs
Florida’s eminent domain laws go further than most states in protecting landowners. If you prevail—or even if you obtain more compensation than the original offer—the government must pay your reasonable attorney’s fees and litigation costs. Under § 73.091, these include:
- Legal representation
- Appraisal fees
- Engineering or environmental consulting
- Business valuation experts
- Court reporting and trial preparation costs
This means that you can defend your rights in court without bearing the full financial burden—another reason Florida’s “full compensation” standard goes well beyond the federal minimum.
What Happens After Trial?
If a jury issues a verdict, that becomes the compensation award. In some cases, the government may appeal, but most verdicts are final and result in a court order requiring payment. If a deposit has already been made under Chapter 74, the difference between that deposit and the final award is disbursed through the court registry. Interest may also be owed on the unpaid portion, depending on the timing of the case and any withdrawals. In rare cases, the government may abandon the taking altogether—but this typically occurs only when legal challenges reveal serious procedural or factual deficiencies.
How to Prepare for Litigation
If you’re heading toward eminent domain litigation, preparation is everything. Here are steps every landowner should take early in the process:
- Consult with an experienced eminent domain attorney
These cases are unlike ordinary civil lawsuits and require specialized knowledge. - Get your own appraisal
Don’t rely solely on the government’s valuation. A second opinion is almost always warranted. - Preserve documentation
Keep records related to your property’s use, value, income (if applicable), and any communications with the condemning authority.
Don’t assume it’s too late to negotiate
Even during litigation, settlements happen. In fact, many cases settle on the eve of trial—often on more favorable terms.
Conclusion
Eminent domain litigation can feel daunting—but it’s not unwinnable. Florida law gives property owners the right to challenge the taking, to argue for full compensation, and to present their case to a jury. With the right preparation, expert support, and legal strategy, landowners can protect their property rights even in the face of a government project. If you’re headed to court, don’t walk in alone. Know your rights, use the tools Florida law provides, and fight for the value you’ve built.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes.