Florida Eminent Domain Process – Steps from Offer to Compensation

When the government targets your land for a highway, pipeline, or public project, the process can move fast—and catch property owners off guard. Understanding how Florida’s eminent domain process works can make all the difference in protecting your rights and maximizing your compensation.

At Papalas & Griffith, we help landowners across Florida—from Jacksonville and St. Augustine to Tallahassee and Pensacola—navigate every step of the process. If you’ve received a notice or offer, here’s what to expect.

Long before formal paperwork is filed, state or local agencies like the Florida Department of Transportation (FDOT) often hold public meetings or send letters to affected property owners. These notices might reference a "Notice of Intent" or show your parcel on a project map.



This is the time to start gathering information. If your land is near a planned interchange, drainage improvement, or transit project, don't wait for a formal offer—consult a landowner-focused attorney early.

Before the government can file a lawsuit, it must obtain a qualified appraisal and send the property owner a written good-faith offer. This document includes the agency’s valuation, a description of what’s being taken, and supporting materials.



In many cases, this offer is well below the property's true value. At this stage, our firm reviews the appraisal and starts building a case for full compensation—including severance damages, business losses, and other entitlements Florida law allows. Learn how compensation is calculated.

Once the offer is made, owners can negotiate. With the help of an experienced eminent domain attorney, you can submit a counteroffer supported by your own appraisal and valuation evidence.

In many cases, especially those involving I-10 corridor projects or FDOT takings in fast-growing areas like Clay County or Alachua County, we’ve secured significant increases before litigation even begins. Still, if the agency won’t agree to a fair number, the next step is court.

If no settlement is reached, the condemning agency files an eminent domain lawsuit. At this point, you become a defendant in a legal action—but that doesn’t mean you’ve lost your rights.

Most cases proceed under quick-take procedures: the agency asks the court to transfer title early, typically after a brief hearing where they must prove public purpose and necessity. They also deposit the original offer amount with the court, which you can withdraw immediately as partial payment. You still have the right to fight for more.

In rarer slow-take cases, the court first determines full compensation. The agency then decides whether to move forward.

Learn about your right to challenge a taking if you believe the government doesn’t meet legal requirements.

After the lawsuit is filed, both sides prepare their evidence. This is when expert reports, second appraisals, site inspections, and engineering opinions come into play.

Our team works with seasoned professionals to analyze your property and uncover damages the government might overlook—especially in partial takings or situations where a project affects business access, flood protection, or parking.

Before trial, Florida courts require parties to attend mediation. This isn’t just a formality—it’s where most cases are resolved.

A neutral mediator helps both sides assess the strength of their positions. For landowners, this is often the moment when undervalued offers are dramatically increased. At Papalas & Griffith, we’ve helped clients turn initial offers of a few hundred thousand into multi-million dollar settlements during this phase. See examples in our case results.

If mediation doesn’t resolve the case, the matter goes to a jury trial. A 12-person jury hears evidence from both sides and determines the amount of compensation owed.

Importantly, Florida law separates the question of whether the property can be taken from how much must be paid. By this stage, the focus is on valuation. The jury considers appraisals, expert testimony, business damages, severance impacts, and more.

Learn about Florida’s full compensation guarantee.

If the jury awards more than the deposited amount—and that’s often the case—the government must pay the difference. A final judgment is entered, and payment is issued to the landowner.



Just as important: Florida requires the condemning authority to pay the landowner’s attorneys’ fees and expert costs, ensuring you don’t pay out-of-pocket for representation. Our clients keep their compensation, and the government handles the legal bill.

Common Questions from Florida Property Owners

What if I disagree with the initial offer?

You’re not alone—most offers are low. We can evaluate your case at no cost and explain your options.

Do I have to move out right away if a quick-take is filed?

No. Even if the title transfers early, you’ll have time to plan your next steps. We’ll help negotiate terms like relocation timelines.

Can I stop the process entirely?

Although rare, in some cases where the proposed taking lacks a valid public purpose, is not reasonably necessary, or is not supported by a good-faith offer based on a valid appraisal, you might be able to defeat a taking. Learn more about challenging a taking.

Every Case Has a Timeline—But Also a Strategy

Eminent domain doesn’t happen overnight, but it moves faster than most owners expect. Whether your land is near a new highway in Nassau County, a utility easement in Ocala, or a commercial corridor in Tampa, our team is ready to help you understand the process and protect your rights every step of the way.

Have Questions About Your Property? Let’s Talk.

If you’ve been contacted about a Florida public project—or already received an offer—don’t wait to act. Contact Papalas & Griffith for a free consultation. We’ll guide you through the process and help ensure your compensation reflects the true value of what you’re giving up.