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When the government notifies you that your land is being taken, the first number they hand you often comes as a shock. It may feel low, rushed, or simply wrong. That number likely came from an appraisal—and in eminent domain cases, appraisals aren’t just about math. They’re about strategy, interpretation, and leverage. If you’re facing condemnation, understanding how the government values your property is one of the most important steps in protecting your rights.
What Is an Eminent Domain Appraisal?
An eminent domain appraisal is a formal report prepared by a licensed appraiser to determine the market value of property the government intends to condemn. It forms the foundation for the government’s offer and is required by § 73.015, which mandates that a written offer and summary of appraisal be provided before filing a condemnation suit. But this number is not carved in stone—and it’s rarely the whole story.
Appraisers Must Consider the “Highest and Best Use”
In Florida, appraisals must reflect the property’s “highest and best use,” not simply its current use. This standard considers whether the property could reasonably be used for something more valuable under current zoning or probable future development. For example:
- A residential lot near a major highway may be suitable for future commercial redevelopment
- Undeveloped acreage in a growing corridor may hold more value than recent comparable sales suggest
- A property with unique zoning entitlements or environmental features may be undervalued if treated generically
Ignoring the highest and best use can significantly understate the property’s true worth. This principle is embedded in Florida case law and appraisal standards, including those described in Florida Department of Transportation v. Armadillo Partners, Inc., 849 So. 2d 279 (Fla. 2003).
Severance Damages Must Be Part of the Equation
If the government is only taking part of your property, the appraisal must also address the impact on what remains. This is known as severance damage—and in many cases, it makes up the majority of the compensation. Under § 73.071(3)(b), appraisers must consider how the taking affects access, utility, visibility, or potential future development of the remaining land. An accurate before-and-after valuation is critical. If this analysis is skipped or downplayed, the appraisal may look clean on paper but miss hundreds of thousands of dollars in real loss.
Who Selects the Appraiser?
In most cases, the initial appraisal is ordered and paid for by the condemning authority. That doesn’t mean it’s intentionally biased—but it does mean it’s based on their priorities. As the property owner, you have every right to hire your own team, including an independent appraiser. In fact, Florida law anticipates this and allows you to recover the costs of your appraisal (and other expert fees) under § 73.091, if your final award exceeds the government’s offer. The key is choosing an appraiser experienced in eminent domain, not just general real estate. Valuing condemned property requires knowledge of both valuation methodology and litigation strategy. Working with an experienced law firm can assist you in making the decision based on your particular case.
Appraisals Are Often the Battlefield
Many eminent domain cases don’t turn on legal theory—they turn on the numbers. The government presents its valuation, and the landowner presents theirs. Each side may use expert testimony, maps, zoning opinions, and comparable sales to justify their figure. In most cases, the outcome hinges on:
- The credibility of the appraisers
- The thoroughness of their methodology
- How well they account for severance damages, business losses, and future utility
If your case goes to trial, the jury will be asked to weigh these competing opinions and decide the final compensation.
Conclusion
The appraisal isn’t just a formality. It’s the blueprint for what the government wants to pay—and a starting point for what you may actually be owed. A rushed, one-sided valuation can leave money on the table. A well-supported, independent appraisal can change the outcome entirely. If you’re facing an eminent domain action, don’t assume the first number is the final word. Get a second opinion. And make sure it’s from someone who knows how to value property when the stakes are high.
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.