Owning a large swath of land is a badge of pride for families and businesses. Often, landowners have built a business, a home or made some other generational improvements.
What if, after owning land for years, you get a letter stating that the government is going to take it? The government may offer you only a pittance in exchange. What do Floridians do now?
What is eminent domain?
Eminent domain is a judicial process in which the government (state and federal) legally takes your property. The government must provide you with just compensation in exchange. Indeed, the Fifth Amendment allows for this type of taking, as long as the taking is for a “public use.”
Can I fight eminent domain?
Yes. You can fight eminent domain. However, your fight is usually just over the amount that constitutes just compensation, not the taking itself. You can argue that the proposed taking is not for a public use, but the case law on this point is expansive and permissive to the point where it’s rare for a landowner to win on this point.
Just compensation?
Just compensation should be such that the landowner is made whole, or in the same financial position as if the eminent domain never occurred. In other words, you are entitled to the full value of your land, but the valuation method gets complicated.
Fair market value
The property valuation methodology usually centers on determining the property’s fair market value. Property owners and the government rarely, if ever, agree on a property’s fair market value. Eminent domain cases can involve both sides presenting property value experts. This is one reason why it is so important to not go into an eminent domain proceeding alone. You will need experts to make sure you get the most value for your property.
