Eminent Domain, Property Acquisition and Private Property Rights

Few firms in Florida have the reputation for success that we have in the integrated practice areas of eminent domain, property acquisition, and private property rights.  The field related to property and private property rights is rapidly evolving. Our Eminent Domain Group, led by Mitchell Burnstein, members are "thought leaders" in this niche.

We represent private property and business owners, ranging in size from Fortune 500 companies to sole proprietorships, in:

  • Pre-acquisition takings strategy;
  • Negotiations with government employees and agents who seek to acquire properties and businesses; and in
  • All aspects of eminent domain litigation and trial work.

We also represent dozens of governmental entities, quasi-governmental entities, and utilities, such as Florida Power and Light and the Miami-Dade Expressway Authority (MDX), that:

  • Acquire transportation and transmission rights of way;
  • Construct governmental facilities and public works projects;
  • Secure sites for schools and educational facilities; and
  • Acquire property for transportation projects, drainage, airport expansion, community redevelopment, conservation, watershed, and other governmental functions. 

We stay current regarding the latest developments in the field of eminent domain and takings by lecturing to our peers, participating in eminent domain organizations and Florida Bar events, and providing expert witness testimony, consultation, and mediation services.

Representation of Private Property Owners and Business

In our "private sector" capacity, we first seek to avoid or diminish the impact of the proposed taking on the property and the business.

One of our strengths is pre-acquisition strategy and negotiation.  All of the Group’s attorneys have worked in the public sector. They have a thorough understanding of how government employees and agents implement acquisition projects, negotiate relocation benefits, move expenses and compensation payable to property and business owners, as well as configure, and in many cases, reconfigure acquisition projects. We have a track record of successfully litigating the sufficiency of the purported public purpose and necessity of the proposed acquisition to protect property and business owners.

Our second objective for our property and business owner clients is to secure the maximum amount of damages.  We have successfully litigated, all types of compensation and damage claims, such as:

  • Special purpose valuations;
  • Business damages;
  • Cost to cure damages;
  • Relocation and moving expenses; and
  • Valuation of equipment, trade fixtures, and personal property.

We draw from the expertise of our attorneys in other disciplines related to takings, such as land use and zoning, environmental law, real estate and development.  We also work with the most knowledgeable eminent domain experts and consultants (such as appraisers, engineers, land planners and economists) throughout the State.

Representation of Governmental Entities and Utilities

We handle all aspects of property acquisition and eminent domain litigation on behalf of:

  • State agencies;
  • Regional entities;
  • School boards;
  • Colleges;
  • Municipalities;
  • Special districts;
  • An expressway authority; and
  • A major utility.

Recently, we were selected in a competitive RFQ process from among some of the top local and national firms to serve as the regular outside counsel for MDX.

We know how governments "think" and we speak their language.  Our extensive eminent domain background includes managing large, multi-parcel acquisition projects from inception through entry of final judgment.  We frequently assist governments in:

  • Project design and environmental due diligence;
  • Value engineering;
  • Pre-acquisition consultation and strategy; and
  • Creation of incentive programs that promote early acquisition of property through
  • Negotiated conveyance to avoid, whenever possible, the time, risk, and expense of litigation;
  • Litigating eminent domain through verdict for parcels that cannot be acquired through negotiations.

We consult with elected and appointed officials and staff to counsel them as to the scope of their eminent domain authority and avoidance or minimization of inverse condemnation and property rights claims.  We assist them in decision-making by evaluating the public purpose and necessity of their proposed acquisitions. We also draft resolutions of condemnation, relocation policies, acquisition manuals, and all pleadings and legal documents for initiating and litigating eminent domain lawsuits.

As regulation of real property changes, property owners frequently demand that the government provide relief from restrictions that lower their properties’ values and utility. We have extensive experience advising clients and litigating complex inverse condemnation, constitutional taking, and Bert J. Harris Private Property Rights claims on behalf of state, regional, and local governments.