What is Eminent Domain?

Eminent Domain is the process used by the government and other authorities granted the authority to acquire private property for a specific public use.

How Does it Work?

Generally, the entity requiring the needed property (the condemning authority) contacts the property owner and informs them of the need for all or a portion of the property. After this notification, an appraiser working for the condemning authority will contact the owner and request an inspection of the property in order to complete an appraisal. Upon completion of the appraisal, an initial offer is made to you. If an agreement is not reached, the legal process will begin which will result in an Order of Taking by which a circuit court will convey the property required in exchange for the condemning authority’s estimate of the value. If a settlement is not reached by a court ordered mediation, a jury trial would be held with the jury determining just compensation.

What Should I be Paid For?

In Florida, you should be paid for the physical land acquired and any improvements located on the portion acquired by the condemning authority. In addition, you are entitled to the lost value to the remaining property resulting from compensable negative impacts resulting from the condemning authority’s project.

How Can We Help You?

It is essential to know that the condemning authority has a team of skilled experts consisting of at a minimum an attorney, engineer/land planner and real estate appraiser, all of whom are working at the direction of the condemning authority. Our firm has worked with numerous attorneys, engineers, land planners, marketing experts, accountants, etc. in assisting private property owners throughout Florida. We can work with you to recommend and assemble a team of the best professionals to insure your private property is not acquired without all aspects of full compensation addressed.

With respect to valuation services, our firm has participated in well more than 1000 cases over the past 15 years within the state of Florida. N. Richard Boutin, Jr., MAI, State-Certified General Real Estate Appraiser #0000199, has over 25 years of appraisal and consulting experience relating predominately to eminent domain valuation. Specific expertise relates to analysis and valuation of most types of property subject to condemnation proceedings as well as providing expert witness testimony in judicial hearings. With the assistance of an experienced eminent domain team, our firm can address all real property valuation issues and insure the legally compensable aspects of compensation for your property are evaluated and presented to the condemning authority for consideration in arriving at a mutually agreed upon settlement.

Who Pays for these Services?

The condemning authority pays for reasonable fees and costs. Presently, Florida law requires Florida condemning authorities to be responsible for reasonable expenses incurred by the property owner during the eminent domain process. Our fees and other professionals who assist you are paid by the condemning authority at the end of the eminent domain process and are not part of your compensation.

Who Should I Contact?