Not Every Taking Is Legal –

Here’s What You Can Do

In Florida, the government can take private property for a legitimate public use—but that doesn’t mean every taking is valid. If your property is being targeted and something doesn’t feel right, you may have the legal right to push back. At Papalas & Griffith, we represent Florida landowners in fighting improper takings and protecting their rights throughout the eminent domain process.

Can the Government Be Stopped from Taking Your Property?

Sometimes, yes. While most eminent domain actions in Florida move forward, landowners have the right to challenge them in court. If the taking isn’t truly for a public purpose, or if the government is trying to take more land than necessary, you may be able to stop it. These cases are decided at a “right-to-take” hearing, where the agency must prove the legitimacy and necessity of the taking.

What Counts as a Public Purpose in Florida?

Florida law is clear: eminent domain can only be used for legitimate public projects—like roads, schools, water infrastructure, or flood control. It cannot be used just to help a private developer increase tax revenue. After national controversy over abuse of eminent domain, Florida amended its laws to prevent takings that serve private interests.



If the true motivation behind the taking is questionable, the court may find the government has overstepped.

What If They’re Taking More Than They Need?

Even if a project has a public purpose, the amount of property being seized must be reasonably necessary. If FDOT or a local agency is trying to take your full lot when a small strip would do, or if they ignore alternative routes, you may have a case. These excessive takings can be challenged—and Florida courts have dismissed such overreaches in the past.

How the Right-to-Take Challenge Works

Here’s what happens when you challenge the taking:

  • Your attorney files objections in court during the eminent domain case.
  • A judge schedules a right-to-take hearing to evaluate the government’s claims.
  • The government must prove both public purpose and reasonable necessity.
  • If they can’t, the case is dismissed and the taking doesn’t proceed.

This hearing typically occurs early in the case. While challenging a taking isn’t easy, it’s a critical right that landowners should understand and consider—especially when the facts don’t add up.

How This Differs from Inverse Condemnation

If your property has already been damaged, restricted, or devalued by government action without a formal eminent domain process, that’s a different legal issue called inverse condemnation. In those cases, you're asking the court to compensate you for an informal or unannounced taking.


For more, visit our Inverse Condemnation page.

Florida Courts Do Not Tolerate Abuse of Power

Florida has a strong constitutional stance protecting private property rights. If a project’s justification is thin or the benefits flow primarily to private parties, that’s a red flag. The courts have rejected eminent domain attempts tied to blight removal or redevelopment plans meant to favor businesses.



We examine these situations closely. If there’s an opportunity to challenge, we’ll find it—and pursue it aggressively.

What to Do While You Challenge the Taking

Even if you dispute the government’s right to take your property, you should still protect your compensation rights. Don’t ignore communications or reject appraisals outright. You may still be entitled to significant compensation if the court allows the project to proceed. That includes:

  • Fair market value
  • Severance damages
  • Relocation costs
  • Business damages
  • And all attorney fees paid by the government

We help landowners manage both sides: fighting the taking when warranted, and ensuring full compensation is secured if the project moves forward.

Think the Government’s Overstepping? Let’s Talk

If something about your eminent domain case doesn’t sit right, get a second opinion. We’ve handled challenges across Florida and can tell you quickly whether your case has merit. There’s no cost to speak with us—and no risk in learning your rights.


Contact us today for a free case review.

Frequently Asked Questions – Challenging Eminent Domain in Florida

  • Can I completely stop the government from taking my land?

    In limited situations, yes. If the taking lacks a valid public purpose or the scope is excessive, Florida law allows landowners to challenge it in court. These cases are fact-specific, so it’s important to have an attorney evaluate your situation.

  • What is a right-to-take hearing?

    It’s a court hearing where the judge decides whether the condemning agency has legal authority to take your property. If the agency fails to prove public purpose or necessity, the taking may be blocked.

  • Does the government have to prove they need all the land they’re taking?

    Yes. The government must show the amount of land being taken is reasonably necessary for the public project. If they’re overreaching, you can raise that argument in your challenge.

  • Can I still get compensation if I lose the challenge?

    Absolutely. Challenging the taking doesn’t stop you from also pursuing full compensation. In fact, many landowners challenge the taking and negotiate compensation at the same time.

  • What happens if I ignore the offer or lawsuit?

    You could lose valuable rights. Even if you object to the project, it’s critical to respond and participate in the legal process. Otherwise, the government could proceed without your input—and you might miss out on significant compensation.