Businesses can also be impacted by eminent domain. Along with the inconvenience of having their property seized, Florida business owners must also contend with loss of productivity, moving expenses, costs for constructing a replacement business facility, and more.
This down-time can be potentially crushing for a business. Fortunately, the state of Florida recognizes the struggle business owners may face when their property is seized. In certain circumstances, business owners can receive additional damages on top of compensation for their land taken to help mitigate the financial difficulties eminent domain poses.
According to Florida law, in order to qualify for business damages during eminent domain, the following conditions must be met:
The condemning authority must be a public body, not a public utility company.
The taking must be for right of way condemnation (i.e., to create room for a road or bridge).
The business in question must be established for at least five years.
Only a portion of the business’ property is being taken.
Business owners have a very limited window of time to begin the business damages claim process, as condemning authorities are not obligated by law to make the business owner an initial offer for business damages.
You have 180 days from the time you receive the government’s written notice of an eminent domain lawsuit to make an initial offer for business damages, so do not hesitate to contact an experienced Florida business eminent attorney.