Eminent Domain for Business Owners – Florida Business Damages
When a Florida business is disrupted by a government taking, the financial hit can go well beyond the land itself. Whether you're a property owner or a tenant, you may be entitled to compensation not just for the real estate—but also for lost profits, relocation costs, and the ripple effects on your ability to operate. At Papalas & Griffith, we represent Florida business owners who face condemnation and want to make sure every loss is accounted for.
Florida’s Law on Business Damages Isn’t Like Most States
Florida is one of the few states that allows businesses to claim lost profits due to eminent domain. If your business has been operating for at least five years at the affected property, and the taking impairs your ability to stay open or generate income, you may qualify for what’s known as “business damages.” These are separate from the value of the land and can be significant.
In practical terms, if a highway project blocks access to your storefront, or utility construction causes you to close or move, Florida law allows you to seek compensation for the profits you would have earned—usually up to three years’ worth.
Business Relocation Isn’t Just a Headache—It’s a Compensable Loss
Many businesses face steep costs when forced to relocate because of a taking. While Florida doesn’t specifically compensate for goodwill, the lost profits provision often covers the economic impact. Depending on the project and funding source, you may also qualify for reimbursement of moving costs, new lease expenses, and other direct losses under the Uniform Relocation Act. We help business owners document everything to make sure nothing is left on the table.
Property Owners & Tenant Businesses Have Distinct Rights
In many Florida eminent domain cases, the property owner is not the business operator. Tenants who run businesses—such as restaurants, barbershops, or gas stations—may also qualify for business damages if they meet the statutory criteria. The key is that the business must be established at the site and directly affected by the taking.
We often coordinate with both landlords and tenants to ensure compensation is fairly allocated, and that everyone’s rights are preserved during negotiations and litigation.
Why You Need a Lawyer Who Understands Business Damages
Calculating business losses requires more than just intuition. You’ll need forensic accountants, economic experts, and attorneys who know how to present the data in a format that meets Florida’s legal requirements. The government might claim your losses are speculative or that relocation is simple. We’ve heard it all—and we’re ready to push back with facts.
Best of all, under Florida law, your legal fees and costs are covered by the condemning authority. That means no out-of-pocket costs to retain us and get started on your claim.
If Your Business Is Affected, Don’t Wait to Get Help
Business claims are time-sensitive and fact-intensive. If you’ve received a notice, even informally, that a government project may impact your property, contact us now. We’ll review your case and help you understand exactly what you can claim—and how to maximize your recovery.
FAQs – Florida Eminent Domain & Business Damages
Can I be compensated if my business has to close due to eminent domain?
Yes, if your business qualifies under Florida law, you may recover business damages including lost profits, relocation costs, and certain other losses tied to the taking.
What if I’m just leasing the property—do I still have rights?
Absolutely. Tenant businesses in Florida can claim business damages if they’ve operated at the location for five or more years and the taking disrupts their operations.
Do I need to show actual financial records?
Yes. To support a claim for business damages, you’ll need to provide financial documents showing revenue trends, costs, and profit margins. We help clients compile and present the necessary information.
Will I have to pay out of pocket to hire your firm?
No. Florida law requires the government to pay your legal fees and expert costs as part of “full compensation,” so there’s no cost to you to get representation.
What’s the deadline for filing a business damages claim?
The deadline varies depending on the stage of the case and the type of taking. It’s important to get legal advice early—missing procedural steps can waive your right to claim business damages.