Florida Eminent Domain Practice and Procedure


By Ralph E. Boyer

cover image of Florida Eminent Domain Practice and Procedure

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When can government "take" private property for a "public purpose"? Can private property owners obtain restitution for partial takings and business damages? This manual is a comprehensive treatment of current legal practice, including detailed review of proceedings from both the condemnor's and condemnee's perspective.

Highlights of the new Eighth Edition:

  • Discussion of:
  • practical considerations for ongoing negotiations during trialpossible amendment to jury instruction re: business damages (qualified partial taking/relocation)
  • FDOT's incentive program to reduce project time and cost
  • IRS's interpretation of facts re: replacement property/period, expenses incurred in defense of condemnation proceeding, and "rental" income generated by temporary condemnation
  • Revisions to:
  • list of statutes authorizing or limiting power of eminent domain
  • checklist for initial client conference
  • Bert J. Harris, Jr., Private Property Rights Protection Act
  • Fla.R.Civ.P. 1.525 re: taxing fees and costs
  • inverse condemnation discussion
  • New case law addressing issues such as:
  • substantive and procedural due process and equal protection
  • prejudgment interest in inverse condemnation cases
  • bad faith actions to improve property in order to enhance award
  • compensation for taking of trees and crops
  • whether Uniform Relocation Assistance Act provides private right of action for money damages
  • Updated forms, and new forms for mediated settlement agreement for fees and costs, and case management order for complex eminent domain litigation
  • Florida Eminent Domain Practice and Procedure