“Getting Compensation for Lawyer Costs in Eminent Domain Cases in Florida”

– The Florida Constitution and the United States Constitution ensure that private property cannot be taken for public use without full compensation.
– Landowners have the right to recover reasonable attorneys’ fees when their property is taken by the government.
– This includes the ability to recover attorneys’ fees in pre-suit negotiations, which is important for owners dealing with a government entity seeking to acquire their real property. 1. Property owners must carefully review government acquisition letters to understand the government’s plans and proposed deals.
2. Government entities with eminent domain powers can purchase property through arms-length negotiations, where property owners are not entitled to attorneys’ fees.
3. Property owners can recover attorneys’ fees from the government if the government’s letter indicates pre-suit negotiations as outlined in Florida’s eminent domain statute.
4. Florida’s eminent domain law allows property owners to recover attorneys’ fees based on the “benefits achieved” in the final judgment or settlement compared to the government’s last written offer.
5. In the case of General Commercial Properties, Inc. v. State of Florida Department of Transportation, the court found that the government’s initial offer did not trigger attorneys’ fees under Florida Statutes 73.015. 1. In JEA v. Williams, the court found that a letter from the government regarding acquisition of utility rights on a property indicated pre-suit negotiations rather than just an offer to purchase.
2. The court awarded attorneys’ fees to the property owner based on the difference between the government’s original letter and the final judgment amount.
3. Land owners should carefully read and consider any correspondence from the government regarding acquisition of their property and seek legal advice if necessary.
4. If the offer letter is considered part of the pre-suit process under Florida eminent domain law, and the property owner hires a lawyer, they may be entitled to recover their attorneys’ fees under section 73.092 of the Florida Statutes.

https://www.jimersonfirm.com/blog/2016/11/eminent-domain-florida-recovery-attorney-fees/