WHAT COMPENSATION AM I ENTITLED TO RECEIVE?
In order to exercise the power of Eminent Domain, Florida Law requires that all owners receive Full Compensation for the property taken. Full Compensation includes, but is not limited to, the fair market value of the real estate and any improvements taken, reduced value of the remaining property, severance damages, and in some cases, moving costs. All facts that bear a reasonable relationship to one’s loss must be taken into account. Every land and business owner is entitled to a jury trial to determine the amount of Full Compensation and Business Damages.

WHO PAYS MY LAWYER FEES & APPRAISAL COST?
Under Florida Law, the government is required to pay the landowner or business owner's:
1) Attorney Fees;
2) Fee for appraisers, accountants, engineers, and other experts’ fees; and
3) Costs for exhibits, video tapes, deposition testimony, court reporting fees, etc.

The purpose for requiring the government to pay one’s attorneys and experts fees is to ensure that the individual has resources equal to the government in an eminent domain action.

WHAT HAPPENS TO MY BUSINESS THAT IS DAMAGED IN THIS CONDEMNATION PROCESS?
Florida has recognized, since 1933, that business owners need to be paid for their losses, which occur because of right-of-way takings. What this means is:

• If less than the entire property is taken; and
• If the business has been in existence, at the same location, For more than four years; and
• If the business is going to be damaged by a roadway project; than
• The business owner is entitled to make a claim for business damages.

Business damages can arise from lost parking, alterations to the interior traffic flow of a parking lot, and from other factors. Lost profit is not the sole measure of business damages. Florida courts have recognized that items such as diminished volume of business, diminished goodwill, or reduced value of the business equipment are also compensable. If a business damage claim is made, it will be necessary to provide the condemning authority with the business records supporting the claim. Business damages are not a part of the condemning authority’s good faith estimate, and making a business damage claim will almost certainly prolong the eminent domain process. While there are a number of significant limitations on what can be recovered, business damages in a condemnation case can be substantial. A business damage claim may be crucial to the future well being of your business.

BUSINESS DAMAGES
Under Florida Law, business owners may be entitled to Business Damages. Business Damages include, but are not limited to, the reduced profit making ability of one’s business. A Business Damage claim must be prepared and presented to the government within 180 days after the government provides the statutory notice.

To present a business damage claim, one must first quantify how the loss of property will reduce the value of the business. Our firm has extensive experience with market consultants, traffic engineers, and other experts who quantify the reduction of the business caused by a taking.

LAND AND BUSINESS OWNER'S HAVE A RIGHT TO:
1) Challenge the project or its design;
2) Examine the governments appraisal;
3) Proove damages greater than the appraisal prepared by the government;
4) Have your property valued at its highest and most profitable use, which may be based on a reasonable probability of re-zoning;
5) Make a counter offer or refuse to sell;
6) Request changes to the construction plans of a project to benefit your remaining property;
7) A jury trial.

WHAT IS INVERSE CONDEMNATION?
Inverse condemnation refers to the type of a lawsuit filed by a property owner to recover the value of property that has been taken by a condemning authority having the power of eminent domain where there has been no formal exercise of that power.  Generally, inverse condemnation cases are filed when a governmental regulation substantially denies an owner all reasonable use of property, even if the denial is only temporary.  They are also filed where a condemning authority physically occupies or takes title to property without the owner’s consent or prior court approval.  The attorneys at Wilson, Garber & Small have successfully prosecuted inverse condemnation suits throughout the state.

WHAT IS THE LAYER'S ROLE IN A CONDEMNATION CASE?
Ideally, the role of an attorney in a condemnation case should begin as soon as an owner learns of a planned taking.  By becoming involved in a taking at the earliest possible date, we can obtain engineering information helpful to understanding the impacts of a potential taking, handle pre-suit negotiations, attempt to minimize the impacts of the taking through trying to change the construction plans, and map out an effective trial strategy.
If a condemnation suit is tried, Wilson, Levitt & Small has the experience to handle all aspects of the condemnation trial.