Eminent Domain

The Florida Constitution guarantees that private property shall not be taken without full compensation. Florida protects individual’s private property rights. The condemning authority (usually a state agency or local government) has the duty of proving the public use/necessity and public purpose for the acquisition and determining a good faith estimate of value. Typically, tax money is used to acquire the private properties.

Because public funds are often used, condemning authorities need representation that assures it can justify the expenditures to all tax paying individuals and businesses. Landowner lawyers like to say that the landowner should be put back in as good a position as he/she was before the acquisition. Likewise, government should not have to pay more than the fair market value of the property just because they are using the power of Eminent Domain to acquire the property.