BLUCHER LAW GROUP, PLLC
Eminent Domain
5TH AMENDMENT
UNITED STATES CONSTITUTION
No person shall be held to answer for a capital, or otherwise, infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; when in actual service in time of war or public danger;
nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
FAQ
What is Eminent Domain / Condemnation?
Eminent Domain or Condemnation is the legal process that the government, or entity with governmental authority, may use to acquire private property for a public purpose.
The following Florida Supreme Court case determined that property owners should be compensated for their reasonable attorneys fees and costs of defending an eminent domain case:
Dade County v. Brigham
47 So.2d 602, 604 (1950).
“Freedom to own and hold property is a valued and guarded right under our government. Full compensation is guaranteed by the Constitution to those whose property is divested from them by eminent domain. The theory and purpose of that guaranty is that the owner shall be made whole so far as possible and practicable. [ . . . ]
A lay defendant whose property is to be taken is called upon to defend against such preparation and expert testimony of the County. It is unreasonable to say that such a defendant must suffer a disadvantage of being unable to meet this array of able, expert evidence, unless he shall pay for the same out of his own pocket.”
This guarantee has been codified in the Florida Statutes:
FEES & COSTS
Attorney’s fees and expert costs (*)
- Under current law, you are not responsible for attorney fees and expert witness costs.
- At the conclusion of your case, the law permits your attorney and your expert witnesses to claim their fees and expenses from the condemning authority.
- Attorney fees and expert costs are separately awarded from your own awards.
- Once all monies have been awarded, the case will be closed.
- At this point, it is very difficult to reopen an Eminent Domain case unless highly unusual circumstances occur. Therefore, it is essential that your rights are protected against the condemning authority throughout your case.
(*) This information is not intended as a conclusive explanation of the Law of Eminent Domain in Florida. It is to be considered only a summary for clients or prospective clients of this law firm. If you have any questions concerning a specific real estate transaction, you should consult an attorney experienced in the practice of real estate law.