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Eminent domain is the power of the government or a public utility to “take” title to your property for the use and benefit of the public. The exercise of this power is called the act of “condemning” someone’s property. Although your right to be fairly compensated by the condemning authority is provided for in the Florida and federal Constitutions, every landowner needs legal representation to fully protect his or her rights, and to ensure that not only the property is needed for a “public purpose” but also that “just compensation” is paid by the condemning authority, including any severance or business damages suffered as a result of the taking.
Ms. Chadwell has extensive experience and knowledge in this field and has represented both landowners and condemning authorities. As Assistant County Attorney for Collier County, Ms. Chadwell was responsible for condemning over 350 parcels in over 50 condemnation actions. This gives Ms. Chadwell a unique perspective and insider knowledge when representing local landowners.
In Florida, the condemning authority must first make the owner a written offer of compensation for the property before it can take title to the property. This is often the first knowledge a property owner may have that his or her land is needed for a public project and slated for condemnation, and the advice of knowledgeable legal counsel is important in evaluating these offers. The Florida Constitution provides that the owner is entitled to “full compensation” for his or her property. In most instances, that means the fair market value of the property taken. If, however, the condemning authority only acquires a portion of your property (“a partial take”), such as a right-of-way strip, you are entitled to the value of the property taken plus any loss in value suffered by the rest of your property. This diminution in value in the remaining property is called “severance damages.” If the property is commercial, the owner is also entitled to business damages caused by the loss of the property taken.
With the benefit of legal counsel and an appraiser knowledgeable in the field of eminent domain, the property owner can often negotiate with the condemning authority to obtain the “full compensation” to which he or she is entitled. If the property owner and the condemning authority cannot agree on the compensation due the owner, however, the authority must then file a legal action to acquire title (or “take”) the property.
Once a lawsuit is filed, the condemning authority must present evidence at a preliminary hearing, called an “Order of Taking” hearing, that the property is being acquired for a public purpose and is in fact necessary for the project. The condemnor then presents an estimate as to the amount of compensation due the property owner and must be prepared to deposit this good faith estimate of value with the clerk, if the court finds that it is exercising its power lawfully. If the condemning authority is taking more land than needed or for an improper purpose or has failed to account for severance damages in its good faith estimate of value, the authority can be stopped from condemning the land.
Hiring a knowledgeable and highly experienced attorney can ensure that, if you must lose your property for the public good, you are paid the full value of all land and fixtures/structures to be taken, and any damages (losses) suffered as a result. In addition, Florida law requires the condemnor to pay for all necessary experts and the property owner’s legal fees in cases when the owner obtains more money than what the condemnor originally offered.
Ms. Chadwell offers a free preliminary evaluation of your case, and in most cases will represent the owner at no cost. In this instance, all expert fees, such as appraisal and engineering fees, and legal fees and costs are recovered directly from the condemning authority at the conclusion of the matter.
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