Florida law requires that all condemning authorities send property owners a written notice at least thirty (30) days before filing an eminent domain law suit. The notice must advise the owner that the property will be taken and specifically reference the owner's rights under Florida law. The condemning authority must send the notice by certified mail.
Florida law requires that all condemning authorities make an initial written offer to the owner for the property taken. The condemning authority is also required to negotiate in good faith to resolve the taking of private property.
The date the condemning authority deposits the good faith estimate of value after the order of taking hearing is called the "date of value." Compensation is calculated as of the date of value.
Real estate appraisers generally determine the "fair market value" of property when valuing property taken by the power of eminent domain. "Fair market value" is usually defined by appraisers:
The most probable price in case, as of a specified date, financial arrangements equivalent to case, or in other precisely revealed terms, for which the appraised property will sell in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self interest, and assuming that neither is under duress.
Yes. When a condemning authority takes property improvements, such as buildings, signs and irrigation, it must compensate the owner. Improvements are often valued by a real estate appraiser with the assistance of a professional construction contractor or engineer.
The condemning authority may only take part of your property for its public project, leaving the remainder property behind. Often the remaining property is damaged by the severance of the property taken. Damages to the remaining property are called "severance damages."
Severance damages are compensable in an eminent domain action. These damages are measured as the difference between the property value before the taking and the property value after the taking.
When property is taken and an owner leases the property, the tenant may be entitled to compensation. If the tenant is entitled to compensation for its lease, this compensation is usually paid out of the money recovered by the owner.
Other interests in property, such as a mortgage or easement, may be entitled to compensation when property is taken by a condemning authority. The document creating the interest may determine whether there is a claim. Compensation for other interests in property may reduce the money recovered by the property owner.
