Eminent Domain for Florida Homeowners: Road Widenings, Partial Takings and What You Are Owed in Palm Beach County

Eminent domain gives Florida homeowners some of the strongest protections in the country, but most people only learn the rules when a letter arrives about a road, drainage or utility project. In Palm Beach County, that letter might come from the Florida Department of Transportation, the county, a city or a utility. This guide explains how a taking works, the difference between a full and a partial taking, how compensation is set and who pays your attorney. It also covers what a pending project means if you plan to sell.

Key takeaways

• Before filing suit, the government must send you a written offer and a notice of your rights, then give you at least 30 days to respond.
• You can ask for the government's appraisal and construction plans, and it must provide them within 15 business days of your request.
• Compensation includes the value of what is taken and, in a partial taking, damage to the land you keep.
• The condemning authority pays your reasonable attorney fees and costs, including appraisal fees.
• Attorney fees are based on how much more you get than the last written offer made before you hired a lawyer.

What eminent domain means for Florida homeowners

Eminent domain is the government's power to take private property for public use. In Florida, the government must pay full compensation when it does. Roads, drainage canals, water and sewer lines, power lines and public buildings are the common reasons.

Florida also limits who can end up with the land. Under section 73.013 of the Florida Statutes, the government generally can't hand property it took by eminent domain to a private party. There are exceptions for roads, utilities, common carriers and public infrastructure. If the government wants to sell taken land within 10 years, it must first offer it back to the original owner at the price that owner received.

Full takings versus partial takings

A full taking means the government acquires the whole parcel. You move, and compensation is based on the value of the property.

A partial taking is far more common for homeowners. For example, a road widening might take a strip of your front yard, a corner of the lot or a temporary construction easement. You keep the house, but the lot may be smaller, the driveway steeper or the road closer. In that case you may be owed for the strip taken plus any damage to what remains.

How the eminent domain process works for Florida homeowners

Florida law lays out a set order. Knowing it helps you avoid signing something too early.

1. Project planning. The agency designs the project and identifies the parcels it needs.
2. Appraisal. The agency has your property appraised.
3. Written offer and notice. Under section 73.015, the agency must send you a written offer by certified mail or personal delivery. The notice must explain the project, the property needed and your rights, including your right to attorney fees and costs.
4. Your review period. You get at least 30 days to respond before the agency can file suit.
5. Negotiation or lawsuit. If you agree, the deal closes. If not, the agency files an eminent domain case in circuit court.

Ask for the appraisal and plans

Under section 73.015, you can ask for a copy of the agency's appraisal and the construction plans that affect your property. The agency must provide them within 15 business days of your request. Those plans show exactly how the project changes your lot, access and drainage, so get them early.

How compensation is set for eminent domain Florida homeowners face

Section 73.071 lists what a jury decides in a Florida eminent domain case. The jury values compensation as of the date of trial or the date title passes, whichever comes first.

Value of the property taken

This is the market value of the land and any improvements in the area taken. In a partial taking, that might be a strip of yard with landscaping, a fence or part of a driveway.

Severance damages

In a partial taking, the land you keep can lose value. For example, a smaller front yard, a sound wall, lost parking or a steeper driveway can all lower what the rest of the property is worth. Florida law lets a jury award damages for that loss. Lawyers call these severance damages.

Getting your own appraisal

The agency's appraiser works for the agency. So many owners hire their own appraiser to check the number, and section 73.091 lets the court shift reasonable appraisal fees to the agency. Your appraiser should look at the whole picture, not just the strip of land. That means the yard you lose, any trees or fences, changes to access and how the finished project will look from your front door.

Also gather your own evidence. Take photos of the yard, the driveway and the view before work begins. Keep receipts for landscaping, pavers, irrigation and fencing in the area the agency needs. Then share them with your appraiser and your lawyer, because details like these often move the final number.

Business damages

If you run an established business on the property, you may also claim business damages in some partial takings. The business generally must have operated at that location for more than five years, and you must state the claim in your written defenses. This applies more to commercial owners than to most homeowners.

Who pays your attorney when eminent domain affects Florida homeowners

This surprises many people. Under section 73.091, the condemning authority pays your attorney fees and reasonable costs, including appraisal fees, accountant fees when needed and expert witness fees. The court reviews those costs.

Section 73.092 sets how attorney fees are figured. The fee is based on the benefit the lawyer gets you. The benefit is the difference between the final settlement or judgment and the agency's last written offer before you hired a lawyer. Next, the court applies these rates to that benefit:

• 33% of any benefit up to $250,000
• 25% of any portion between $250,000 and $1 million
• 20% of any portion over $1 million

So timing matters. If you hire a lawyer after the first written offer, any increase you win is measured from that offer. The statute also covers fees when the case settles before trial.

Road projects that bring eminent domain to Florida homeowners in Palm Beach County

Palm Beach County has grown fast, and growth means road widenings, new interchanges, drainage work and utility upgrades. Agencies that can take property here include FDOT, Palm Beach County, cities, school boards and utilities. Each project has its own public meetings and right-of-way maps.

To find out if a project is near you, check FDOT District Four's project pages, the county's engineering projects and your city's capital plans. Public meetings often show the right-of-way lines long before offers go out. If you live in West Palm Beach or Boynton Beach, watch the major east-west corridors, since widening plans often touch front yards and corner lots.

Relocation help

If a project displaces you from your home, FDOT runs a relocation assistance program. It offers advice and, in many cases, payments for moving costs. Federal rules in 49 CFR Part 24 govern those moving payments. Ask the agency's right-of-way agent for its relocation brochure as soon as you get notice.

Selling during eminent domain: tips for Florida homeowners

A planned project can affect a sale in two ways. First, some buyers will worry about construction noise, traffic or a smaller yard. Second, the project may already have a right-of-way map that shows how your lot will change.

Florida sellers must disclose known facts that materially affect value and that a buyer can't easily see. A known taking or road widening is likely one of them. So talk with your agent and your attorney about how to disclose it. Price the home based on what a buyer can expect after the project, not before.

Sometimes it makes sense to wait for the taking to finish and the compensation to be paid. Other times, selling early is cleaner. A careful home value report can show you both scenarios. Our West Palm Beach market page also shows how nearby homes are priced right now.

Common mistakes eminent domain Florida homeowners make

• Signing the first offer fast. You have at least 30 days. Use them.
• Not asking for the appraisal and plans. You have a right to both.
• Ignoring the remainder. In a partial taking, damage to the land you keep can be worth more than the strip taken.
• Waiting too long to get advice. Because the agency pays reasonable fees, many owners speak with an eminent domain lawyer early.
• Forgetting your mortgage. Your lender may have a claim on part of the payment. Ask how payoff will work.

Frequently asked questions

Can the government take my home for a private developer in Florida?

Generally, no. Section 73.013 bars transferring taken property to private parties, with exceptions for roads, utilities, common carriers and public infrastructure.

Do I have to accept the first offer?

No. You have at least 30 days after the notice to respond. You can ask for the appraisal and plans, get your own appraisal and negotiate.

Who pays for my lawyer and appraiser?

The condemning authority pays reasonable attorney fees and costs, including appraisal fees, under section 73.091. The court reviews them.

What is a temporary construction easement?

It is a right to use part of your property for a set time during construction. You may be owed compensation for that use, even though you keep ownership.

Can I sell my house while a taking is pending?

Yes, but disclose the project and get legal advice on how the sale affects your claim to compensation.

Sources

• Presuit negotiation, Florida Statutes section 73.015
• Florida Statutes, section 73.071 (jury trial and compensation)
• Costs of the proceedings, Florida Statutes section 73.091
• Florida Statutes, section 73.092 (attorney fees)
• Conveyance to private parties, Florida Statutes section 73.013
• FDOT Office of Right of Way, Programs and services
• FDOT relocation assistance brochure

This article is general information, not legal advice. Eminent domain cases turn on their facts, so talk with a Florida eminent domain attorney about your property.

Is a road or utility project near your home? Get a free Pure Equity home value report so you know what your property is worth before and after the project. Buying near a planned widening? Talk with our team about what it could mean for value and resale.