There are two methods by which property interests can be condemned in a Florida eminent domain proceeding. The first type of proceeding is the rarely utilized “slow take” proceeding. In a “slow take” proceeding, before title to the property at issue is transferred, a trial will be held to determine the value of the property interests that may be acquired and the accompanying damages. If the value determined is acceptable to the condemning authority (e.g., the government or utility company forcibly acquiring the property), the condemning authority will pay that price and acquire the property. If it is not acceptable, the condemning authority will not take title to the property at issue and will not pay the corresponding money to the property owner.
The second type of proceeding, the quick take proceeding, is utilized in the vast majority of Florida eminent domain cases. In a “quick take” proceeding, the condemning authority will acquire the property interests at the beginning of the case, without first knowing what the final value of the property and accompanying damages will be. To do so, the condemning authority will deposit in the court registry a good faith estimate of the value of the property interests acquired. Once that good faith estimate is deposited and an order of taking is entered, title will transfer from the property owner to the condemning authority. After title has transferred, the parties will proceed to litigate whether the affected property owner is due additional compensation.
Fixel & Willis’s attorneys, through decades of experience representing private property owners, have handled both types proceedings, including hundreds of “quick take” cases. If you are a Florida property owner facing an eminent domain taking and you have any questions or concerns regarding a Florida eminent domain issue, please contact Fixel & Willis by email at firstname.lastname@example.org or toll free at 1-800-848-7535.