The Florida Bar and LexisNexis have released the Eleventh Edition of the Florida Eminent Domain Practice and Procedure Manual.  Gaylord Merlin partners Andrew DiazBlake GaylordCary Gaylord, and Lorena Ludovici were contributing authors to the publication.  In addition, Andrew Diaz served as Chair of the manual’s steering committee.

The manual provides a comprehensive overview of current legal practice, including a detailed review of proceedings from both the condemnor’s and condemnee’s perspective.  The new edition contains the following:

  • Added discussion regarding motion to dismiss and curing pleading defects under Viverette.
  • New discussion regarding the impact of Doctrine of Federal Preemption on rail transportation.
  • Enriched definition of Necessity
  • Updated statutes, rules, and case law
  • Discussion on disadvantages for condemning authorities of use of F.S. Chapter 74.
  • Elaboration on condemnor requirements in determining property rights needed
  • Added discussion on defective pleadings.
  • Elaboration on making the owner whole and the cost to cure
  • Rewrite focusing on Preparation for Trial
  • Revisions regarding Settlement and Pretrial Discovery
  • New section on Loss of Visibility
  • Discussions of DeLisle (addressing Daubert versus Frye)
  • New section on Judgments
  • Discussion of 2018 change in the Internal Revenue Code regarding restrictions on deduction of casualty losses by individuals.
  • New statutory limitations on relocation expenses under the Uniform Relocation Assistance Act
  • Thoroughly amplified definitions of “existing use,” “inordinate burden,” and “property owner” under the Harris Act

For more information or to order a copy of the manual, visit the LexisNexis website.