Selling a House Facing Eminent Domain in Florida

Being told a government agency wants to take part or all of a property is unsettling, but Florida law sets out a specific process for determining what an owner is actually owed, and who pays for the legal fight. Here's what that process establishes.

How compensation is determined

Under Florida Statute 73.071, if an eminent domain case goes to trial, a 12-person jury determines the amount of compensation owed. That compensation includes the value of the property being taken and, when less than the whole property is taken, any damages to the remaining property caused by the taking. The amount is generally determined as of the date of trial, or the date title actually passes, whichever occurs first. This is a detailed statutory framework with additional provisions covering specific situations, including established businesses in some circumstances, so the specific compensation components that apply to a given property need to be worked through with an eminent domain attorney rather than assumed from this general summary.

Who pays for the legal fight

Under Florida Statute 73.091, the condemning authority, meaning the government entity or agency bringing the case, generally pays the property owner's reasonable attorney's fees and other reasonable costs of defending the proceeding, including appraisal fees, as assessed by the court. The specific attorney's fee amount is calculated under Florida Statute 73.092, which bases the fee on the actual benefit achieved for the property owner compared to the government's earlier offer. This fee-shifting structure is one of the more important, and often overlooked, protections built into Florida's eminent domain process; the exact calculation is detailed and case-specific, and needs to be reviewed by an attorney rather than estimated in advance.

Negotiation is common before trial

Many eminent domain cases resolve through negotiation or settlement before ever reaching a jury trial, once the government's offer and the owner's own valuation are close enough to agree on. Whether settling makes sense for a specific property, and at what point, depends on the facts of that case, the government's offer, and an independent appraisal, and it's a decision that needs to be made with an eminent domain attorney's guidance rather than on assumptions about how the process typically goes.

Where a sale fits

A pending eminent domain proceeding is a significant fact affecting a property's title and value, and it would need to be disclosed to any prospective buyer. Whether a separate sale to a private buyer is realistic while a taking is pending, and how that would interact with the eminent domain case itself, depends heavily on the specific stage of that case and needs to be evaluated directly with the attorney handling it before assuming a sale can move forward on a normal timeline.

Frequently asked questions

How is compensation determined in a Florida eminent domain case?

Under F.S. 73.071, when an eminent domain case goes to trial, a 12-person jury determines the amount of compensation. That compensation includes the value of the property being taken, and if less than the entire property is taken, any damages to the remaining property caused by the taking. The amount is generally determined as of the date of trial or the date title passes, whichever happens first.

Do I have to pay my own attorney if the government takes my property?

Generally, no. Under F.S. 73.091, the condemning authority (the petitioner) pays the property owner's reasonable attorney's fees and other reasonable costs of defending the case, including appraisal fees, as assessed by the court. The specific fee amount is calculated under F.S. 73.092, which bases it on the benefits actually achieved for the property owner.

Can I negotiate directly with the government instead of going to trial?

Often, yes. Many eminent domain cases settle before trial once the government's offer and the owner's valuation are close enough to agree on. Whether settling makes sense for a specific case depends on the property, the offer, and the facts, and needs to be evaluated with a Florida eminent domain attorney rather than assumed.

Can I still sell my house to someone else while an eminent domain case is pending?

Whether a sale is realistic while a taking is pending depends heavily on the specific stage of the case and how it affects the title and value of the property. A pending eminent domain proceeding is a significant fact that would need to be disclosed to any buyer, and it needs to be evaluated with the attorney handling the case before assuming a separate sale can move forward on a normal timeline.

Facing eminent domain and weighing your options? Call OfferLink at 407-584-9111. We buy houses as-is across Florida, including Orange County, Osceola County, and Sumter County. This article is general information, not legal advice. A Florida eminent domain attorney reviewing your specific case is the right resource for understanding your rights and options.