If you have been contacted by a condemning authority in Florida about seizing your property, you can expect the following process to take place:
Notice and Offer: Before filing an eminent domain lawsuit, the government authority or utility company must contact you with their intent to seize your land and give their offer for a settlement. The owner has 30 days to respond to this offer before the condemning authority can file a lawsuit. In the case of a condemned business, the business owner has 180 days to respond and request special business damages.
Eminent Domain Lawsuit: If you do not respond within 30 days, or if you reject their written offer, the condemning authority will respond with an eminent domain lawsuit to seize your land. This involves an “order of taking,” which requires a judge to decide whether the government authority or utility company has the right to take your property by eminent domain. More often than not, the condemning authority will receive the title to your property.
Mediation: At this stage, you and your attorney can begin negotiating for a fair settlement. You have the option of using a neutral mediator to come to a fair settlement agreement. You do not, however, have to accept a settlement.
Trial: If you are not satisfied with what you are being offered during negotiations, you have the option of a jury trial. Our eminent domain and condemnation attorneys have extensive courtroom experience and will fight for the full compensation you are entitled to under Florida law.
The process of an eminent domain case is complex and arduous. That’s why it’s best to contact a Florida eminent domain attorney from the very start to ensure your best interests are being represented every step of the way.