Eminent domain is the inherent power of the state to seize a citizen’s private property, or rights in private property, without the owner’s consent. The property is taken either for government use or by delegation to third parties who will devote it to “public use.” The most common uses of property taken by eminent domain are public utilities, highways, schools, gas pipelines and parks. The State of Florida requires that the government body offer to purchase the property before resorting to the use of its eminent domain authority.

Notably, Florida is one of the few states that require a condemning authority to pay a property owner’s attorneys’ fees and costs at the conclusion of the case. The public policy behind this is to “level the playing field” to ensure that the government does not have the upper hand in taking an owner’s property.

• Willfully secure and fully compensate the persons entitled to compensation as ultimately determined by the final judgment.
• The title or interest specified in the petition shall vest in the petitioner immediately upon the making of the deposit. Said lands shall be deemed to be condemned and taken for the use of the petitioner and the right to compensate for the same shall vest in the persons entitled thereto.
• Neither the declaration of taking, nor the amount of the deposit shall be admissible in evidence in any action.