Kimbel L. Merlin
Gaylord Merlin Ludovici Diaz and Bain

Special Information for Tennants / Lesses

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 tenants/lessees.

What date is used to value the lease on the property taken?

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.

What compensation is the tenant/lessee paid for the taking of its lease?

The lease between the owner and tenant may have a provision for eminent domain, called "Condemnation clause." If there is no condemnation clause in the lease, Florida law provides that the condemnation award is to be allocated between the owner and tenant. If there is a condemnation clause in the lease, the provision will control whether the tenant can recover for the taking of its lease. A real estate appraiser values the lease using a "leasehold bonus" or "leased fee" analysis. If the tenant is entitled to compensation for its lease, this compensation is usually be paid out of the money recovered by the owner.