Jimerson Birr
http://www.jimersonfirm.com
Brandon C Meadows, Esq
----------------------------------------
Florida law requires the government to pay all attorney’s fees and costs incurred at the end of any eminent domain case. For the landowner, with rare exception, participating in an eminent domain matter will cost you nothing. On the other hand, it can benefit you greatly. Eminent domain lawyers rely on the rights afforded to landowners by statute to pay for their fees and the costs incurred by experts procured. This statutory right helps to balance the scales of justice against the government, the government’s attorneys and the government’s experts.
Attorney’s fees in governmental takings are treated much differently than most other cases in civil litigation. Under Florida law, the condemning authority is required to pay the attorney’s fees and costs incurred in taking your property. The Florida legislature has determined that if landowners at large are going to have their property being taken for the “greater good,” then they need to be made whole in all regards. This means that attorney’s fees are paid over and above the amount paid to landowners to purchase their property, whether those fees and that purchase is through a pre-trial settlement or a verdict at trial. No amount of the money awarded to landowners is set off by the amount of costs and attorney’s fees incurred. For example, if the landowner is offered $100,000 by the government for their property and at a pre-trial mediation the government agrees that the property is really worth $200,000, the landowner will receive the entire $200,000 offered as a settlement. The attorney’s fees and costs are paid in a separate agreement, and if awarded after a trial verdict, through a separate proceeding.
Per statute, a petitioner must pay all reasonable costs incurred in the defense of the proceedings in the circuit court, including, but not limited to, reasonable appraisal fees and, when business damages are compensable, a reasonable accountant’s fee, to be assessed by that court. Fla. Stat. § 73.091(1). Under Florida statutes, a landowner is entitled to just compensation from the condemning authority, including the payment of expenses that aid in a determination of just valuation. In an eminent domain proceeding, all experts needed to review the government’s appraisal and offer are paid for by the government. The spirit of the law is to ensure that the landowner is able to make its own informed, independent determination as to the value of the taken land so that just compensation can be awarded. Florida statutes provide payment of fees to cover those expenses as a fair check and balance on governmental power. Therefore, in eminent domain proceedings, the property owner may recover all or a portion of the consultant’s fee attributable to its services related to the valuation of the property, as long as it is not duplicative, but may not recover the portion of the consultant’s fee related to litigation strategy. State Dept. of Transp. v. Skidmore, 720 So. 2d 1125 (Fla. 4th DCA 1998).
Prior to instituting litigation, the condemning authority must notify the property owners of statutory rights regarding the cost of the proceedings. Fla. Stat. § 73.0511. If a settlement is reached between the condemning authority and a property or business owner prior to a lawsuit being filed, the property or business owner who settles a compensation claim in lieu of condemnation is entitled to recover costs in the same manner as provided in the statute governing costs incurred in eminent domain proceedings. Fla. Stat. § 73.015(4). Per Chapter 73, pre-suit costs must be presented, calculated, and awarded in the same manner as provided in the statute governing costs incurred in eminent domain proceedings. If the parties cannot agree on the amount of costs to be paid by the condemning authority, the business or property owner may file a lawsuit in the circuit court in the county in which the property is located to recover costs. Fla. Stat. § 73.015(4)(d).
For answers to additional questions about eminent domain law in Florida, visit http://bit.ly/2LaYjAv
----------------------------------------
#jimersonbirr #FAQ #eminent #domain #eminentdomain #law #lawyer #attorney #florida #FDOT
Информация по комментариям в разработке