Property Owners’ Rights Under Florida Eminent Domain Law
This information is general in nature concerning property owners’ rights in the eminent domain or condemnation process under Florida Law, and is not intended to be a rendering of legal advice. Property owners are advised to engage an attorney and obtain legal advice for all issues regarding their particular condemnation cases.
Florida law provides owners with certain rights in the eminent domain process including:
1. The right to have the owners’ attorneys’ fees paid by the condemning authority.
2. The right to have reasonable experts’ fees paid by the condemning authority.
3. The right to have notice provided to the owner by the condemning authority, notifying that all or a portion of the owner’s property is necessary for a project.
4. The right to have an initial written offer provided by the condemning authority, prior to the filing of an eminent domain suit.
5. The right to have the condemning authority negotiate in “good faith” with the owner in the pre-suit process.
6. The right to have, within 15 business days after receipt of a request, copies of the appraisal report for which the pre-suit offer was based on, and to the extent they are prepared, copies of right-of-way maps, construction plans, and documents that depict project improvements constructed on property to be taken.
7. The right to be notified of the fee owner’s rights under Florida Statutes Sections 73.091 and 73.092.
8. The right as a business owner to have notice that all or part of a property where they operate their business, is necessary for a project.
9. The right to trial by jury for an owner in eminent domain (although arguably this must be requested to preserve this right).