Eminent Domain Compensation in Florida – Full Compensation Guide
If your property is subject to eminent domain in Florida, you’re entitled to more than just the appraised value. Under Florida’s Constitution, landowners are guaranteed
“full compensation”—a stronger standard than in many other states. This page explains what that means, how compensation is calculated, and how our team helps landowners across Florida recover the full amount they’re owed.
Florida’s Full Compensation Standard Gives Landowners More
Unlike the federal “just compensation” rule,
Florida’s Constitution requires full compensation. That means your payment isn’t limited to the market value of the land itself—it can also include losses to the rest of your property, moving expenses, lost business income, and more. The goal is to put you in the same financial position as if the taking never happened.
Fair Market Value: The Foundation of Full Compensation
In any taking, the starting point is the fair market value of the property. For a full taking, this means the amount your property would reasonably sell for in an open market. For a partial taking, it’s the value of the portion taken—plus any drop in value to what remains.
Severance Damages for Partial Takings
If only part of your property is taken, Florida law recognizes you may suffer a loss in value to the remainder. These are called severance damages. Examples include:
- Loss of access or visibility for a business
- Reduced lot size affecting zoning or use
- Irregular shapes or setbacks caused by partial condemnation
If your remaining property is worth less because of the taking, that reduction is compensable under Florida law.
Business Damages: Recovering Lost Income
Florida is one of the few states that allows eligible business owners to claim compensation for lost profits. If your business has been operating on the property for at least five years and is affected by a taking, you may be able to recover business damages.
This can include:
- Revenue lost due to construction or reduced access
- Impacts to customer flow or operations
- Forced relocation or closure
Our attorneys work with financial experts to properly document and claim these losses.
Moving Costs & Relocation Support
If you’re forced to move your home or business, Florida law—especially under the federal Uniform Relocation Act—may entitle you to relocation assistance, such as:
- Packing and moving costs
- Storage expenses
- Reestablishment costs for a business
Tenants, in some cases, may also qualify for these benefits. We help ensure all relocation entitlements are fully considered.
Your Legal Fees Are Paid by the Government
One of the most important protections under Florida eminent domain law is this:
you don’t pay us. If we secure more than the government’s initial offer, Florida law requires the condemning authority to pay your attorney’s fees, appraiser fees, and litigation costs.
That means:
- No upfront cost to you
- We only get paid when we improve your outcome
- Fees come from the government, not your award
This system helps level the playing field and ensures you have access to experienced legal help without financial risk.
Other Recoverable Damages
In certain cases, landowners may be entitled to additional forms of compensation:
- Pre-condemnation damages: If government activity before the taking—like public announcements or delays—hurt your property’s value
- Interest on the difference: If a “quick-take” deposit is lower than your final award, Florida law requires the government to pay interest on the difference
- Loss of improvements: Buildings, driveways, fences, trees, and other site features impacted by the taking
Every case is different, and identifying these additional items requires a knowledgeable team of lawyers and appraisers.
Just Compensation vs. Full Compensation: Why Florida Offers More
In many states, “just compensation” only includes the value of what was taken. But in Florida, “full compensation” covers much more—including your legal fees, expert costs, and certain damages to property or business.
This is why having a Florida-based eminent domain attorney matters. We know the system, the case law, and the nuances that can make the difference in your final award.
Our Role: Building the Right Team to Maximize Compensation
At Papalas & Griffith, we coordinate with experienced appraisers, land planners, and financial experts to build a complete compensation package for each client. Whether you’re in Jacksonville, Gainesville, or along the I-4 corridor, we’re ready to represent your interests.
Before You Sign—Let Us Review the Offer
Most initial offers are too low. In many cases, we’ve helped clients recover up to 2,000% more than the government’s opening bid. Visit our Results page to see examples. See our results here.
Contact us today for a free consultation before accepting any offer. You may be entitled to significantly more than you’ve been told.
Frequently Asked Questions – Florida Eminent Domain Compensation
How is compensation calculated in a Florida eminent domain case?
Compensation typically starts with the fair market value of your property. From there, it may include severance damages, relocation expenses, business losses, and attorneys’ fees—depending on the details of the taking and your property.
What’s the difference between full compensation and just compensation?
“Just compensation” (used in many other states) often means only the market value of the property. Florida requires “full compensation”, which can include attorney’s fees, business damages, and other recoverable costs, making it a stronger protection for landowners.
Am I entitled to compensation if only part of my land is taken?
Yes. In a partial taking, you may be entitled not only to the value of the portion taken but also to severance damages—the reduction in value to the part you keep.
Can I get paid for lost business income?
Possibly. Florida law allows certain businesses (those operating for five or more years on the property) to claim business damages, including lost profits, if they’re negatively impacted by a taking.
Do I have to pay my attorney out of the compensation award?
No. In Florida, the condemning authority pays your legal fees and expert costs separately, as long as your attorney helps you recover more than the original offer. You pay nothing out of pocket.
What if the government’s offer seems too low?
You’re not required to accept it. In fact, most initial offers are well below the actual compensation owed. Have us review it first—we’ll tell you if it’s fair and help pursue more if it’s not.