Kimbel L. Merlin
Gaylord Merlin Ludovici Diaz and Bain

Special Information for Other Interests in Property

What legal notices should I receive before an eminent domain action?

Florida law requires that all condemning authorities send only business and property owners a written notice before filing an eminent domain law suit.

Will the condemning authority make me an initial offer for the property taken?

No. Florida law does not require the condemning authority to make an initial offer to other interests in property.

What date is used to value the interest in the property taken?

The date used to value the interest in the property taken is the date that title passes (in a quick-take, this is the date of deposit of the condemning authority's good faith estimate of value) or the date of trial (in a slow-take), whichever occurs first.

What compensation is the interest in the property paid for the taking of its interest?

The document creating the interest in the property may have a provision for eminent domain, called a "condemnation clause." If there is no condemnation clause, Florida law provides that the condemnation award is to be allocated between the owner and interest. If there is a condemnation clause, the provision will control whether the interest can recover for the taking of its interest. If the interest in the property is entitled to compensation for the taking, this compensation is usually paid out of the money recovered by the owner.