Eminent domain is the power granted to the government, by the people, to acquire private property for use by the public. According to both the United States Constitution and the Florida Constitution, the government may only exercise this power by paying “just” or “full” compensation.
Florida Law, both statutory and case law as developed over years of litigation, provides broad protections to property owners when a government entity seeks to acquire their property for a public project. The government entities that have the right to exercise the power of eminent domain include the Florida Department of Transportation and other state transportation authorities, local county governments, water management districts, utility companies and other quasi-governmental authorities, and local city governments, to name a few. The extensive number of authorities that have the power of eminent domain suggests that most property owners in Florida will be affected by eminent domain in some way in their lifetime.
Government entities can take property for a number of reasons. The law limits these reasons to those that serve a “public purpose.” Some of the most common examples include road widenings, new road construction, land for schools, easement takings for increased infrastructure (ie, power lines, water and sewer installation), and public building construction, such as courthouses or parks. When the government can show the reason for taking your property has a “public purpose,” it then has the right to take title to that property upon payment of full compensation.
Full compensation has been defined in Florida to include all reasonable fees and costs associated with the property owner’s defense of the eminent domain proceeding. Specifically, the property owner has a right to compensation for the property that is being taken, including any damages to the property as a result of the taking, as well as a right to compensation for attorneys’ fees and expert costs incurred in defense of the taking. In many cases, experts such as engineers, appraisers, and/or accountants will be needed, in addition to legal counsel, to accurately determine the fair market value of the property, the effect of the taking on the property, and the value of any business damages suffered.
Eminent domain is a powerful right we have given to our government in the interest of the public good. We cannot allow the government to take advantage of that power, and, as a democratic society, we must consistently challenge that power to preserve our constitutional rights.
