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When the condemning authority makes its offer to a property owner, does it have to account for all of the project’s negative impacts to the remaining property?

No, it does not.  Florida law requires the condemning authority to be responsible for paying for negative impacts to your remaining property, but it does not obligate the condemning authority to account for these impacts when it makes its settlement offer to you.  Ensuring that the condemning authority pays for all of these negative impacts is one way The Fixel Law Firm can assist you.

An example of how the condemning authority may attempt to avoid paying for negative impacts to remainder property follows.

The condemning authority likely will not fully evaluate the detrimental access, drainage, elevation, and other impacts to your remainder site resulting from the condemning authority’s planned project.  Even when this information is made available to the condemning authority’s appraiser, there is no obligation that it is properly taken into account before settlement offers are tendered to you.

This can result in the condemning authority, through its skilled right-of-way agent, convincing you to settle (via a  “deed for money” contract) without having to fully pay for these negative impacts to your remaining property.

How can this happen?  Because you may not know of all of these impacts until after you settle all of your claims, and your settlement did not reserve any enforceable future rights.

When the detrimental consequences later surface, the condemning authority will refuse to pay any compensation for these damages and avoid all responsibility by claiming that the earlier settlement was comprehensive and complete.  If hired, The Fixel Law Firm attorneys, together with its team of experienced eminent domain professionals, will assist you in avoiding this result.