Fixel, Maguire & Willis

Eminent Domain – Condemnation Attorneys

Decades of experience serving Florida's property owners and businesses

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COMPENSATION ELEMENTS

I. VALUE OF THE PROPERTY PHYSICALLY TAKEN, INCLUDING:

• Land taken

• Buildings taken

• Landscaping taken

• Driveway/pavement improvements taken

• Drainage facilities taken

• Fixtures taken -- which usually go to property owner

• Trade fixtures taken (less salvage value) -- which usually go to the business operator

• Monument signage taken

• Other improvements taken

II. LOST VALUE TO REMAINING PROPERTY WHICH RESULTS FROM THE CONDEMNING AUTHORITY’S PROJECT NEGATIVELY IMPACTING:

• Access

• Front, side or back yard amenities

• Drainage from the remaining property

• Drainage onto the remaining property

• Parking

• Shape of remaining the property

• Depth of remaining the property

• Development/density/capacity of the remaining property

• Orientation of remaining buildings relative to surrounding properties and roadways

• Required setbacks

• Required landscape buffers

• Visibility

• Grades and slopes

• Septic/sewage systems

III. BUSINESS DAMAGES IN SOME CIRCUMSTANCES:

• Only for the length of time the business owner has a legal right to remain on the property;

• Where an established business has been in place for at least five years;

• Where there is a partial -- as opposed to a whole -- taking;

• Where the damage is a direct result of the loss of use of the land physically taken and part of the business is located on what remains;

• Where the taking is for right of way and is by a Florida public entity (e.g. Department of Transportation, a county or a city); and

• Where certain procedural requirements are timely met in terms of preparing and submitting the business damage claim and supportive information.

IV. MOVING EXPENSES IN CERTAIN CIRCUMSTANCES:

• Usually where the taking is by a state agency (e.g., Florida Department of Transportation).

V.  ATTORNEY FEES AND COSTS.

       See Responsibility for Fees.

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