FSSC Eminent Domain and Condemnation Under Florida Law Essay

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Florida Southwestern State College

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In a three-page, typewritten report, explore and explain eminent domain and condemnation under Florida law. Your report should cite appropriate Florida statutes and at least one Florida state case involving eminent domain. You may also examine articles on this topic in the Florida Bar Journal and in law review articles that specifically discuss eminent domain and condemnation under Florida state law.

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Running head: EMINENT DOMAIN AND CONDEMNATION UNDER FLORIDA LAW

Eminent Domain and Condemnation Under Florida Law
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Running head: EMINENT DOMAIN AND CONDEMNATION UNDER FLORIDA LAW

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Eminent Domain and Condemnation Under Florida Law
Eminent domain is the government’s ability to take over private property, and repurpose
it for public use, with proper compensation (Florida Department of Environmental Protection,
2017). While this is the underpinning definition of the legal term, the specific legislation that
dictates the procedures for eminent domain can vary between the states, and the federal
government. It can also be different from state to state. It is therefore important to examine such
matters with specificity in mind, and tailor responses to specific governments. In this paper, the
eminent domain and condemnation procedures for the state of Florida are discussed.
The relevant statute in Florida that informs the practice of eminent domain is Title VI,
which addresses Civil Practice and Procedures (The Florida Legislature, 2021). Under this law,
there is chapter 73, which specifically tackles the issue of eminent domain and condemnation,
the topic for this paper (The Florida Legislature, 2021). There are 4 main areas in the statute that
are covered in the subsequent sections of this paper. The first area is about when eminent domain
is deemed a viable option. Second, the report would examine the procedures for notification.
After that, it would explore the financial/negotiation aspects of the process. Fourth, attorney fees
would be examined with regards to when, and how they can be recovered.
In the state of Florida, eminent domain can only be exercised by a public body, or a
public utility specifically granted such powers (Florida Department of Environmental Protection,
2017). In the event that such an authorized body decides to exercise the powers, it must have a
valid rationale for doing so ( University of Florida, Institute of Food and Agricultural Sciences,
2018). This means that eminent domain is not entirely at the discretion of the government, and it
cannot use it arbitrarily. Usually, when contested in court, the government is required to
demonstrate that there is indeed a need for a new facility, road, or structure. Then it must show

Running head: EMINENT DOMAIN AND CONDEMNATION UNDER FLORIDA LAW

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that the route selection was done with consideration for safety, environmental factors, potential
costs, and an evaluation of alternative routes (Florida Department of Environmental Protection,
2017). According to the Florida Department of Environmental protection, eminent domain power
can only be exercised after the facility/structure is deemed necessary, in line with public use
requirements, and all the route selection process was properly conducted.
However, adversarial legal battles are not always witnessed when the government wishes
to take over private land. In fact, every case where eminent domain is the subject matter often
begins in a calm manner in the state of Florida. As per the law, the public body is required to
make an attempt to initiate a well-intentioned (good faith) negotiation with the fee owner before
any court process is deemed necessary (The Florida Legislature, 2021). To this end, Chapter 73
requires that the authority notifies the fee owner, in writing, the proportion of the land to be
acquired, and the nature of the project to be installed upon such land. This must be accompanied
by an offer to compensate the owner of the l...


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