1999 Amendments to Florida’s Eminent Domain Statutes

Governor Bush signed a law in Florida that changes the rules for when the government can take someone’s property for public projects. Now, before starting the legal process, the government has to try to make a deal with the property owner. They have to give the owner a written notice with details about the project and make a fair offer for the property. If the owner asks, the government has to show them a report explaining how they decided on the offer. These changes are meant to make it easier to settle things without going to court. Before the government can take someone’s property using eminent domain, they have to offer to buy the property from the owner. The owner has 30 days to respond to the offer. This rule makes sure that everyone who wants to take someone’s property has to follow the same rules. If the property is a business, the owner also has to be told about their right to get compensation for any damages to their business. The owner then has 180 days to make a written offer for how much they should be compensated, along with proof from their business records. These records are kept private and don’t have to be shared with anyone else. If the owner doesn’t meet a deadline to submit a claim for business damages in a lawsuit, the court has to throw out the claim. But they can ask for more time if they have a good reason. It can be hard for owners to figure out how much their business was hurt by a property taking before the deadline. If they’re renting the property, they might not be able to get the property owner to agree to a plan to fix the damage. They can make a tentative offer with some conditions. The owner has to make the first offer for business damages now. If the government rejects it or doesn’t respond in time, it’s like they offered nothing. Before suing, the owner and government can agree to try to work it out in mediation. What they say in mediation can’t be used in the lawsuit, except to decide how much the government has to pay the owner’s costs and legal fees. Before a lawsuit is filed, settlement agreements in eminent domain cases must include documents related to the taking and preserve the parties’ legal rights. Property or business owners who settle before a lawsuit are entitled to recover attorneys’ fees and costs. The fees and costs are calculated and awarded in the same way as in a court proceeding. However, if the parties can’t agree, the owner can file a complaint in court. But, if the condemner doesn’t settle, the owner can’t recover the fees and costs spent on negotiations. The government changed the rules for businesses claiming damages in eminent domain cases. Before, the Department of Transportation could buy a whole property to avoid paying damages, but now they can’t. To get damages, a business has to have been around for at least four years, instead of five. Attorneys’ fees are now based on the difference between the final judgment or settlement and the government’s initial offer. The new law in Florida makes some changes to how businesses are compensated if their property is taken by the government. If the owner didn’t provide certain business records when making a claim, the government has 90 extra days to make a counteroffer. The law also says that the government has to pay interest on the amount they owe, and it adds rules for moving billboards if they’re affected by a government taking. The 1999 amendments to eminent domain law in Florida were meant to make it easier for property owners and the government to settle disputes without going to court. However, there may be conflicts between state and local authorities over who is responsible for compensating property owners when billboards need to be moved. Overall, the changes aim to find a better balance between the government and private property owners when land is taken for public use. This is a summary of Florida laws related to eminent domain, which is when the government takes private property for public use. The laws cover topics like notifying property owners about the government’s plans, how property owners can respond, and how compensation is calculated. The laws also address specific issues related to businesses and signs. Overall, the goal of the laws is to ensure that property owners are fairly compensated for their land and that their rights are protected.

Source: https://www.floridabar.org/the-florida-bar-journal/1999-amendments-to-floridas-eminent-domain-statutes/