Florida Eminent Domain & Property Rights – What Every Landowner Should Know
If the government is planning to take your property for a road, utility line, or any public project, you have rights—more than you may realize. Florida’s eminent domain law is designed to protect landowners like you. But those protections only work when you know how to use them.
At Papalas & Griffith, our attorneys focus exclusively on representing landowners in Florida eminent domain cases. We’ve spent decades helping property owners in Jacksonville, Tallahassee, and across the state push back against lowball offers and claim the full compensation they’re owed under Florida law.
Understanding the Government’s Power to Take Property
Eminent domain is the government’s legal authority to take private property for a public purpose—but it’s not unlimited. Under Article X, Section 6 of the Florida Constitution, no property shall be taken except for a valid public use, and without full compensation to the owner.
In plain terms, the government can’t take your land just because they want it. The taking must serve a public need, such as a highway, school, or utility improvement—and even then, you’re entitled to far more than a check for fair market value.
Florida’s Commitment to Full Compensation
Florida is one of the few states that goes beyond “just compensation.” Here, landowners are legally entitled to full compensation, which includes:
- Fair market value of the property taken
- Damages to the remaining land (severance damages)
- Relocation costs, when applicable
- Business damages for qualifying commercial properties
- Reasonable attorneys’ fees and expert costs—paid by the condemning agency, not the client
This is one of the most powerful tools Florida landowners have—and one of the least understood.
Can the Government Really Take My Property?
Only under specific conditions. The law requires two things before a taking can happen:
- Public Purpose: The project must benefit the public—such as road construction, stormwater upgrades, or new public facilities. Florida law strictly prohibits takings for private development or economic gain.
- Necessity: The government must prove it truly needs the specific portion of your land. If the taking is excessive or unjustified, you have the right to challenge it.
What to Expect During the Eminent Domain Process
If you’ve received a notice or been contacted by an agency like the Florida Department of Transportation (FDOT), the process has already begun. Here's a general timeline:
- Initial notice or public meeting
- Appraisal and written offer from the condemning agency
- Negotiation phase
- Lawsuit filed if no agreement is reached
- Quick-take hearing (in most cases) and deposit of funds
- Mediation or trial to determine final compensation
Many cases settle at mediation, often for significantly more than the initial offer. Our team helps landowners throughout the entire process, from early negotiations to jury trials when needed. See how the Florida eminent domain process works.
Eminent Domain Hits Businesses Hard—But Florida Offers Help
If you own a business on condemned property, Florida law may allow you to claim business damages—including lost income—if the project interferes with your ability to operate. These claims are technical, and agencies often overlook or undervalue them.
Our team has experience representing business owners whose storefronts, parking, or customer access were affected by highway expansions and utility projects. Learn more about business damages in eminent domain.
When There’s No Formal Taking—but the Damage Is Done
Sometimes, the government doesn’t file a condemnation action but still causes serious damage—like flooding private property, blocking access, or enforcing overly burdensome regulations. In those cases, you may have a claim for
inverse condemnation.
This legal remedy allows property owners to seek compensation for rights that were taken without proper procedure.
Read more about inverse condemnation claims.
Why You Need an Eminent Domain Attorney Who Works Only for Landowners
Eminent domain law isn’t just a niche—it’s an entirely different playbook. Property owners who try to handle these cases without legal representation often accept far less than the law allows.
At Papalas & Griffith, we represent only landowners—never the government. And because Florida law requires the condemning authority to pay attorney fees, our clients don’t pay us out of pocket.
- We evaluate offers and uncover hidden compensation opportunities
- We work with trusted appraisers, engineers, and experts
- We fight for you at every stage—negotiation, mediation, or trial
- We’ve helped clients recover up to 828% more than the original offer
Want to Learn More About Your Rights?
Whether you’ve just received a notice or already have an offer on the table, now is the time to get answers. Start here:
Still have questions? Contact us for a free case evaluation. We serve clients throughout Florida—from downtown Jacksonville and Orange Park to Gainesville, Ocala, Pensacola, and beyond.
Frequently Asked Questions
What is “eminent domain,” and can the government really take my land?
Yes, under Florida law, the government can take private property for a public purpose—like a highway, school, or utility line—but only if it meets strict legal requirements and pays full compensation. That includes more than just market value—it can cover severance damages, relocation costs, business losses, and your attorney’s fees.
What qualifies as a “public purpose”?
A public purpose typically includes roads, bridges, schools, airports, water lines, and similar infrastructure. Florida law does not allow takings for economic development or private gain, so the use must benefit the general public. If the purpose is questionable, you may have grounds to challenge it.
Do I have to accept the government’s first offer?
Absolutely not—and you shouldn’t. Initial offers are often based on appraisals that undervalue the property. A skilled eminent domain attorney can help assess whether the offer is fair and negotiate for more. In many of our cases, the final result far exceeds the original offer.
How long does the eminent domain process take in Florida?
It varies. Some cases resolve in a few months through negotiation or mediation. Others go to trial and can take a year or more. Quick-take actions can happen early in the process, but the compensation phase continues until final value is determined. Learn more about the Florida eminent domain process.
What is “full compensation” in Florida?
Florida provides stronger property owner protections than most states. “Full compensation” may include fair market value, loss of access or use, damage to remaining property, relocation expenses, and business damages. The government also pays your legal fees separately, so there’s no out-of-pocket cost to you. See how compensation is calculated.
Can I stop the government from taking my property?
You can challenge the taking if it lacks a valid public purpose or isn’t necessary for the project. These cases are rare but possible. Even if the taking moves forward, you still have the right to fight for full and fair compensation. Read more about challenging a taking.
What happens in a “quick-take” case?
In Florida, the government can file a “quick-take” action, deposit its estimate of your property’s value, and take title before final compensation is decided. You can withdraw the deposit while continuing to negotiate or litigate for more. See step-by-step how quick-take works.
Do I need an eminent domain lawyer?
Yes. Eminent domain is complex and favors those who understand its nuances. Having the right attorney ensures you don’t leave money on the table. Because Florida law requires the condemning authority to pay your legal fees, there’s no financial risk to you. Contact us today for a free consultation.