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Finding out the government plans to take your property is never a welcome surprise. Whether you received a formal notice, a letter from a government agency, or a quiet request for appraisal access, the uncertainty can feel overwhelming. But in Florida, property owners are not powerless. If you’re facing an eminent domain action, the law gives you a range of tools—and in some cases, leverage—to protect your property and financial interests. Here’s what you need to know about your options.
1. Understand the Type of Taking
Before you respond, it’s critical to understand what kind of taking you’re dealing with. Most eminent domain proceedings in Florida fall into one of two categories:
- Standard Judicial Condemnation, governed by Chapter 73, involves a full legal process before the government gains possession.
- Quick Take Proceedings, permitted under Chapter 74, allow the government to take immediate possession once it deposits a good faith estimate of compensation with the court.
If you’re facing a quick take, the timeline is accelerated, and action must be taken quickly. If it’s a standard condemnation, you have more time to assess the offer, gather evidence, and prepare your defense.
2. Evaluate the Government’s Offer
You are not required to accept the government’s first offer. In fact, you should assume the initial appraisal may not reflect the full value of your property or business losses. Florida law requires the condemning authority to provide a written offer and summary of its appraisal under § 73.015, but this does not mean the valuation is complete or accurate. You have the right to:
- Obtain your own appraisal
- Retain legal counsel
- Present evidence of severance damages or business impacts
- Reject or negotiate the offer
If you ultimately go to court and win a higher award, you may also be entitled to reimbursement for attorney’s fees and expert costs under § 73.091.
3. Challenge the Right to Take
In certain cases, you may be able to challenge the government’s right to take your property at all. This is known as a “public use” or “necessity” challenge. Examples of valid objections include:
- The project does not serve a legitimate public purpose
- The taking is broader than needed
- The procedure was not properly followed
- The taking benefits a private entity without legal authority
Florida courts have made clear that the government must demonstrate both a valid public purpose and that the taking is reasonably necessary. If either element is lacking, the court may deny the taking. See Florida Department of Agriculture v. Mendez, 98 So. 3d 604 (Fla. 2d DCA 2012). However, these challenges must be raised early—typically before the case reaches the valuation phase.
4. Assert Your Right to Full Compensation
In Florida, the constitutional standard is not merely “just compensation” as used federally, but rather full compensation. That includes:
- The fair market value of the land taken
- Severance damages to the remaining parcel (if applicable)
- Business damages, if you meet the statutory requirements
- Costs for attorneys, appraisers, and other experts
The Florida Constitution, Article X, Section 6, provides this expanded protection. Courts have consistently upheld a broad interpretation to ensure that property owners are truly made whole.
5. Get the Right Legal Guidance Early
One of the most common mistakes landowners make is waiting too long to seek advice. Eminent domain cases move quickly, especially under Chapter 74, and many legal defenses are waived if not raised early. Consulting an attorney experienced in Florida eminent domain law can help you:
- Understand the real scope of the taking
- Secure better appraisals and expert testimony
- Avoid pitfalls that could limit your compensation
- Maximize your recovery—often with legal costs reimbursed by the government
Conclusion
You don’t have to accept the government’s first offer, and you don’t have to go through the process alone. Florida law gives you rights, protections, and in some cases, a path to fight back or improve your outcome significantly. The key is to act early, ask questions, and assert your options before deadlines close them off. What you do next matters more than what’s already been filed.
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.