Understanding Eminent Domain in Florida: What Every Property Owner Should Know

Earlier this month, a case out of Cranbury, New Jersey, captured national attention when the township voted to seize a 175-year-old family farm through eminent domain to satisfy affordable housing mandates. The property owners—who had previously rejected multimillion-dollar offers from private developers—argue that the land is unsuitable for residential development and that the township has alternative options. Their legal battle has drawn widespread scrutiny, including from former federal officials, reigniting public debate over the power of eminent domain.

While this case is unfolding in New Jersey, it raises critical questions for property owners here in Florida: When can the government legally take your property, and what rights do you have to protect yourself?

What Is Eminent Domain?

Eminent domain is the legal power that allows government entities to take private property for a legitimate public purpose—but only if the property owner is paid just compensation. This power is rooted in:

• Article X, Section 6 of the Florida Constitution.
• Chapters 73 and 74 of the Florida Statute.
• The Fifth and Fourteenth Amendments to the U.S. Constitution

Importantly, the government’s ability to take private property is not unlimited. Florida law imposes strict requirements designed to protect property owners from unfair or unlawful takings.

When Can the Government Take Your Property?

For a taking to be lawful in Florida, the condemning authority—whether it’s a state agency, city government, utility, or transportation entity—must satisfy three critical legal requirements:

• Public Purpose. The property must be taken for a legitimate public use. Typical examples include:
• Highways and roads.
• Schools and public park.
• Water, sewer, and utility infrastructure.

Unlike some states, Florida law explicitly prohibits using eminent domain solely for private economic development. This safeguard was added in response to the controversial U.S. Supreme Court decision in Kelo v. City of New London(2005), which permitted taking private property for private redevelopment in other jurisdictions.

• Due Process. Property owners have the right to fair notice and an opportunity to be heard before the government can proceed with a taking. This includes:
• Reviewing the government’s appraisal and proposed project plans.
• Challenging whether the taking is truly necessary.
• Presenting evidence in court to contest the action

Note: While property owners can challenge whether a taking is truly necessary, Florida courts typically defer to the condemning authority’s judgment on necessity if the stated purpose qualifies as a valid public use.

• Just Compensation. The Florida Constitution requires payment of “full compensation” to the property owner. This generally means fair market value at the time of the taking, but in some cases may also include:
• Business damages (for qualifying commercial properties)
• Severance damages (if the taking reduces the value of any remaining property)

  Importantly, Florida law provides broader protection than federal law by requiring ‘full compensation’ rather than the constitutional minimum of ‘just compensation.’ This can include fair market value, severance damages (compensation for loss in value to remaining property), and, in qualifying cases, business damages. Business damages are only available when the business has been established at the property for at least four years before the notice of taking and suffers a total or partial loss due to the taking (Fla. Stat. §73.071(3)(b)).

The Eminent Domain Process in Florida. 

Understanding the process is key to protecting your rights. Here’s what typically happens:

1. Notice of Taking: You will receive a formal notice explaining the property targeted for acquisition and outlining your legal rights.
2. Government Appraisal and Offer: The government will make a written offer based on its appraisal of your property. This offer cannot be lower than their estimate of the property’s value.
3. Negotiation Period: You will have a minimum of 30 days to negotiate the offer.
4. Filing of Lawsuit: If no agreement is reached, the government may initiate an eminent domain lawsuit.
5. Litigation and Ongoing Negotiations: Negotiations can continue even after a lawsuit is filed in an effort to resolve the matter without trial.
6. Trial: If no settlement occurs, the case proceeds to trial, where a jury determines the amount of compensation owed to you. Additionally, under Florida’s ‘quick-take’ procedure (Chapter 74, Florida Statutes), the government can take possession of the property before the final trial by depositing a good-faith estimate of the property’s value with the court. This is commonly used in transportation and utility projects.

How Property Owners Can Protect Themselves

If you receive notice that your property is subject to eminent domain, it is critical that you act quickly. The government has legal counsel working to advance its interests—you should too. An experienced eminent domain attorney can help by:

• Determining whether the taking is lawful.
• Challenging the necessity of the taking, if appropriate.
• Securing maximum compensation, including business and severance damages when applicable.
• Guiding you through negotiation, litigation, or settlement.

We Protect Florida Property Owners

At Miami Legal, P.A., we are committed to defending the rights of Florida property owners facing eminent domain proceedings. Whether you are fighting to keep your property or ensuring you receive the full compensation you deserve, our legal team stands ready to help.

Reach out today by telephone at (305) 668-6449 or by email at info@miamilegalpa.com to schedule a consultation.