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When you learn that the government intends to take your property through eminent domain, the process can feel one-sided. A letter arrives. An appraisal follows. A deadline looms. But what many Florida property owners don’t realize is this: you have the right to negotiate. And in many cases, negotiation isn’t just permitted—it’s expected. Here’s how to approach negotiations with the condemning authority to protect your interests and ensure you receive full, lawful compensation.
Start by Understanding the Presuit Process
Before a government agency can formally file for condemnation, Florida law requires it to engage in meaningful negotiation. Under § 73.015, the condemnor must provide:
- A written offer
- A summary of the appraisal or valuation used
- Reasonable time for the property owner to review and respond
This is your first opportunity to assert your position. Accepting the offer isn’t mandatory, and rejecting it does not waive your rights—it initiates the next phase of the process.
Evaluate the Government’s Appraisal Critically
The initial valuation often comes from an appraiser hired by the condemning authority. That number may not reflect your property’s highest and best use, severance damages, or business impacts. It may exclude intangible losses or undervalue future development potential. You are entitled to obtain your own independent appraisal—and if your case results in a higher award than the original offer, the government may be required to cover your expert fees under § 73.091. Don’t treat the government’s number as a take-it-or-leave-it offer. It’s a starting point.
Push for Full Compensation—Not Just Market Value
In Florida, the standard is not “just compensation,” but full compensation, as established by Article X, Section 6 of the Florida Constitution. That includes:
- Fair market value of the land
- Severance damages for any impact on remaining property
Business damages, if your commercial use qualifies under § 73.071(3)(b) - Reimbursement of legal, appraisal, and engineering fees
Negotiation should center on this broader definition—not just a per-square-foot calculation. The more specific your evidence, the stronger your position.
Use Experts to Strengthen Your Leverage
Negotiations often come down to facts: comparable sales, zoning opinions, engineering reports, and valuation models. That’s where experts make a difference. A qualified appraiser familiar with eminent domain law can identify compensable losses that the government’s appraisal may have ignored. A land use planner can outline future development potential. A business valuation expert can quantify projected losses. These professionals aren’t just helpful, they’re often reimbursable if your compensation exceeds the condemnor’s offer. Their input doesn’t just support trial—it strengthens your negotiation posture long before court is on the table.
Know When to Settle and When to Push
Not every case needs to go to trial. In many cases, landowners who engage early, hire experienced counsel, and present credible evidence are able to resolve their claims through structured negotiations or mediation. But if the government remains entrenched in a low valuation or dismisses legitimate damage claims, don’t be afraid to escalate. Eminent domain trials in Florida are conducted before a jury, and juries often understand the stakes for landowners when the facts are presented clearly. The key is not to rush. You shouldn’t settle simply because the process feels intimidating.
Conclusion
Negotiation isn’t a formality. It’s your first and best chance to assert your rights, shape the record, and advocate for full compensation. Florida law gives you the tools. The question is whether you use them. When the government comes for your property, you don’t just have to accept what’s offered. You can negotiate. And if you do it right, you can change the outcome entirely.
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.