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Eminent domain is the process by which the government can take private property for public use without the consent of the owner. We’ve answered Frequently Asked Questions About Eminent Domain, on this dedicated FAQ page.
Hahn Loeser has experienced eminent domain attorneys across multiple areas of law, including litigation, land use and zoning, environmental, real estate, municipal, corporate and tax. The eminent domain process often spans several areas of law and, as a large firm, we are able to call upon attorneys with the relevant experience when needed.
Beyond our services, our Eminent Domain Team of attorneys works closely with other professionals to bring our clients the resources they need, including appraisers, land planners, accountants, and engineers.
We have handled thousands of eminent domain and property rights cases throughout Florida on behalf of our clients. Our long presence in Southwest Florida has provided us an advantage of understanding the local regulations and knowing the governmental representatives who can impact your case.
In addition to our experience representing property owners against condemning authorities, our attorneys have also previously represented condemning authorities, giving them insight not only into the issues facing the property owner, but also the issues, strategies and insights of the condemning authority.
We bring this experience and insight to each of our client relationships and provide representation throughout every phase of the eminent domain process. Our representation includes:
Hahn Loeser’s eminent domain attorneys represent private property owners, business owners, and commercial tenants, ensuring they understand their rights under this law and that their interests are protected. These rights include:
Hiring eminent domain counsel is an important step in the condemnation process. It is important to retain counsel at an early stage in the process. Actions that you take regarding your property can impact valuation issues when they become relevant later in the proceedings. The condemning authority is responsible for paying all of the costs you would otherwise incur. Retaining counsel as soon as you become aware that the government is considering condemning your property is the first step in making sure you are fully compensated. The advice you receive and the actions you take may very well impact the outcome of your case. The advice costs you nothing.
If you would like more information on how your property may be impacted and what you can do to protect your rights, please fill out the form below:
2400 First Street, Suite 300
Fort Myers, FL 33901
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Attorneys Mike Whitt and Ken Jones have been recognized in multiple years by Best Lawyers .
Mike Whitt and Ken Jones earned AV Preeminent status from Martindale-Hubbell.
Ken Jones has also been recognized by Super Lawyers.
Mike Whitt is Board Certified by The Florida Bar as a Specialist in Business Litigation.
Mike Whitt, Ken Jones and Meredith McBride have all been appointed to The Florida Bar Association’s Eminent Domain Committee.
Mike Whitt and Ken Jones were named Top Lawyers in Southwest Florida by Naples Illustrated.
Eminent domain refers to the inherent power of the government to take private property for a public use.
When a property owner is faced with the government taking their property under eminent domain, it is essential that they understand their rights. The Hahn Loeser Eminent Domain Team has extensive experience representing property owners on eminent domain issues. With more than 100 years of combined experience, our attorneys and support professionals understand all aspects of eminent domain law and use their experience to help clients obtain the best possible outcomes.
Eminent domain is an inherent power of government. The United States Constitution and the Florida Constitution are constraints on the exercise of that power. In addition to the government, various non-governmental entities are delegated the power of eminent domain by the government such as utility companies, water management districts, port authorities, school districts, etc.
There are certain defenses that can be interposed when the government seeks to take your property although they are fairly limited. They may include procedural errors, lack of sufficient authority, bad faith or other defenses that relate to the process. The use of eminent domain powers can only be for a public purpose so if it is being used for a private benefit it can be challenged. The vast majority of eminent domain cases are valid exercises of the power and, instead, are contests over the amount of compensation due the property owner.
Yes. It may be a scary thought that the answer is “yes,” but again, the property owner must be made whole and paid full compensation. There are many instances where residences are condemned for public projects such as roadways, bridges, parks or flood control structures.
The state, county, city and various other government agencies are granted the powers of eminent domain under the US and Florida constitution as part of their policing powers. These eminent domain powers allow the various agencies (“condemning authority”) to acquire private property to the extent it is needed for a public purpose but the property owner must be paid just compensation for the acquisition. If the condemning authority and the property owner cannot agree on what just compensation should be, the amount will be determined by a jury.
The short answer is nothing. We will accept your case with no fee obligation to you. We will agree to accept as our fee the amount due or awarded pursuant to Florida law. The Florida Supreme Court has ruled that the state constitution mandates that the property owner receives full compensation and requires the condemning authority to pay the property owner’s costs including attorney’s fees, expert witness fees and all other costs reasonably necessary to protect the owner’s rights. The court reasoned that anything less would fail to provide the property owner with full compensation.
As you can imagine, it varies significantly from case to case. In general, however, eminent domain cases are concluded within two years. Trial and appeals can extend that time. The vast majority of eminent domain cases are resolved in mediation. It is likely that yours will also. It depends on the complexity of the case but, absent trial or appeal, 6 to 18 months is pretty standard.
The most important thing to look for in an attorney is someone who has significant experience in the eminent domain field. There are many lawyers with experience in other areas of law, but the vast majority do not have much or any experience in the eminent domain field. You should also look for an attorney who has practiced in the local area. It is helpful to have an attorney who is familiar with the judges, the people who work for the condemning authority and who is familiar with the locality in which the property is located.
It is critical to select an appraiser, as well as any other expert required in an eminent domain case, that has trial experience. In the event you are unable to come to an agreement with the condemning authority as to the value of the property taken and/or any potential severance damages, you will want a trial tested expert to testify in front of the jury that will ultimately determine “just compensation” under the law.
Our firm keeps current on the projects that are in the process of being considered, designed, approved or built. We keep our clients updated during all phases of a project. In addition, we also post updates on our website so you can always go there to check the latest news on all the current projects.
Feel free to check our website to learn more about project’s affecting your property. We take pride in staying current on the projects status.
Learn more about the Eminent Domain Professionals that are serving the Fort Myers, Florida and surrounding areas.
“Wonderful accessibility. They were very attentive, kind, patient and happy to explain and re-explain anything we had questions about. Very quick response rate.”
– Florida property owner and past client
“I was very satisfied with the high professionalism of the firm and the certainty about every step of going to get the job done.”
– Florida property owner and past client
“Gave me outstanding advice and feedback. They show the capability of obtaining answers to my questions quickly.”
– Florida property owner and past client