Eminent Domain Law

EMINENT DOMAIN LAW

The government’s exercise of eminent domain power can disrupt and cause mayhem in a private property owner’s affairs. When condemnations must occur, we help clients to preserve as much property as possible and to obtain the highest condemnation award available. Jimerson Birr’s eminent domain and condemnation attorneys are prepared to protect your rights at each step of the process. From pre-condemnation planning, initial valuations, settlement negotiations, order of taking hearings, mediation, trial, or an appeal, the experienced attorneys at Jimerson Birr will guide you through the complicated maze of laws, rules and regulations to ensure maximum compensation is provided to you by the government.

Jimerson Birr will vigorously represent clients who face governmental action of taking their property for public use. Our primary purpose is to ensure that your rights are accounted for when your property is targeted for acquisition, and if your property is taken, we will fight to ensure you receive fair compensation for it. Jimerson Birr is capable of handling any type of eminent domain or inverse condemnation case; from residential houses to businesses (small or large), multi-use commercial developments and shopping centers to agricultural property, or undeveloped land to tenants of leased property, we are committed to representing the best interests of our clients in all matters pertaining to government taking of land through condemnation. We are actively accepting cases involving partial takings, total takings, easements and rights of way.

The Fifth Amendment to the United States Constitution allows the government to take private property if the taking is for a public use and the owner is “justly compensated” (usually, paid fair market value) for his, her or its loss. A public use is virtually anything that is sanctioned by a federal or state legislative body, but such uses may include roads, parks, reservoirs, schools, hospitals, or other public buildings. In circumstances where the government overreaches its boundaries and takes land that is not appropriate for condemnation, our attorneys will defend the unlawful attempt to expropriate. If the taking is appropriate but the money offered is not right, Jimerson Birr attorneys carefully evaluate each case with the help of real estate appraisers and other experts to advocate for just compensation for the taken land. Jimerson Birr attorneys negotiate with the government on behalf of aggrieved landowners or fight in court, if necessary, to ensure they receive full and fair compensation for their property.

Jimerson Birr attorneys recognize and appreciate that every case, every property and every business is different. Each matter deserves our unique perspective and focused analysis. We spend the necessary time to learn the details about our clients’ properties and businesses. In working with a team of reputable eminent domain experts, we seek to gain a deep understanding of what is special about each property and business so that we can achieve maximum compensation for the landowner. Our law firm works with experienced real estate appraisers, engineers, land planners, general contractors, traffic consultants, soil and environmental experts, forensic accountants, real estate brokers and developers, and other experts to develop and prove the cases of our clients.

Florida law requires the government to pay all attorney’s fees and costs incurred at the end of any eminent domain case. For the landowner, participating in an eminent domain matter will cost you nothing. On the other hand, it can benefit you greatly. Eminent domain lawyers rely on the rights afforded to landowners by statute to pay for their fees and the costs incurred by experts procured. This statutory right helps to balance the scales of justice against the government, the government’s attorneys and the government’s experts. Our attorney’s fees are paid directly by the government based solely on the result we achieve for our clients. This is no ruse, there is no fine print or strings attached, and this is not a bait and switch service offering. If you hire Jimerson Birr for condemnation takings, you will never receive a bill from us, and your compensation will not be less because you hired an attorney. Engagement of Jimerson Birr for eminent domain is truly a “no lose, no risk” proposition.

For more information or to schedule an appointment, please contact us. Please feel free to access our eminent domain law FAQ’s to learn more about Florida laws pertaining to your condemnation.