What is eminent domain?

Eminent domain is the government's inherent power to take private property for a public purpose, provided it pays the owner. Both the U.S. and Florida constitutions require a public use and compensation. In Florida, the power is exercised through Chapter 73 (general procedure) and Chapter 74 (quick take) of the statutes, and the compensation standard is set by Article X, Section 6 of the Florida Constitution.

What is the difference between a slow take and a quick take?

A slow take under Chapter 73 is the general procedure: the authority negotiates, files suit, and title passes only when the case concludes and compensation is determined. A quick take under Chapter 74 lets the authority take title and possession early by depositing its estimated compensation into the court registry, so a public project can proceed while the final amount is litigated. The owner's right to full compensation is the same in both.

What is inverse condemnation?

Inverse condemnation is a claim the property owner brings when the government has taken or substantially damaged the property — physically or through regulation destroying its economic use — without filing a formal condemnation case. The owner is the plaintiff and must prove that the government's action constituted a "taking." If proven, the owner recovers full compensation. It is the owner's remedy to force payment when the government takes the property's benefit without the normal process.

Does the government pay my attorney's fees in a Florida condemnation?

Generally yes. Under §§73.091 and 73.092, the condemning authority is generally responsible for the property owner's reasonable attorney's fees and costs, with fees typically calculated based on the benefit the owner's attorney obtains above the authority's initial offer. This fee-shifting is part of Florida's full-compensation framework and is a major reason Florida property owners can meaningfully contest a low offer.

What did the Kelo decision change for Florida?

In Kelo v. City of New London (2005), the U.S. Supreme Court held that taking private property to transfer it to another private party for economic development could count as public use under the federal Constitution. Florida responded by tightening its own law to restrict takings that transfer property to private parties for private redevelopment, making Florida's public-use requirement more protective of owners than the federal Kelo baseline.

Florida Eminent Domain & Inverse Condemnation

TL;DR

Eminent domain is the government's power to take private property for a public purpose, and in Florida it comes with unusually strong owner protections. Both the federal and Florida constitutions require a public purpose and payment to the owner, but Florida's Constitution (Article X, Section 6) goes further than the federal "just compensation" standard by guaranteeing full compensation. Florida's eminent-domain statutes implement that owner-protective standard by including severance damages to any remaining property where applicable and by requiring the condemning authority to pay the owner's reasonable costs and attorney's fees under §§73.091 and 73.092. Florida runs condemnation through two statutory tracks: Chapter 73 sets out the general ("slow take") procedure, and Chapter 74 provides a "quick take" that lets the condemning authority take title and possession early by depositing the estimated compensation into the court registry while the final amount is litigated. Before filing, the authority must negotiate in good faith and make a written offer under §73.015, and if the parties cannot agree, a 12-person jury determines full compensation. Separately, inverse condemnation is the flip side: when the government takes or destroys property value without filing a formal condemnation case, the owner sues the government to force payment. After the U.S. Supreme Court's Kelo decision allowed economic-development takings under federal law, Florida tightened its own limits on taking property to transfer it to private parties.

The power and its constitutional limits

Eminent domain is the inherent power of government to take private property for public use. It is not unlimited: both the Fifth Amendment to the U.S. Constitution and Article X, Section 6 of the Florida Constitution impose two core conditions — the taking must be for a public purpose, and the owner must be compensated. The government cannot simply seize land; it must pay, and it must be taking the property for a legitimate public use.

Florida's protection is stronger than the federal floor in a way that matters constantly in practice. The federal Constitution requires "just compensation," but the Florida Constitution requires "full compensation." Florida's full compensation standard is broader than the federal baseline and is implemented through both valuation rules, such as severance damages to any remaining property where applicable, and statutory fee and cost provisions that generally require the condemning authority to pay the owner's reasonable costs and attorney's fees. That difference is why Florida is considered a relatively owner-friendly state in condemnation. For how the constitutional homestead provisions separately protect a Florida homeowner's property, see our guide to constitutional homestead under Article X, Section 4.

Chapter 73: the general "slow take"

Chapter 73 of the Florida Statutes lays out the standard condemnation procedure, often called the "slow take." Before filing suit, the condemning authority must comply with pre-suit requirements under §73.015: it must attempt to negotiate in good faith with the property owner, provide a written offer, and, if the owner requests, furnish a copy of the appraisal on which the offer is based. Only after good-faith negotiation fails may the authority file a condemnation petition.

If the case proceeds, the amount of compensation is determined by a jury. Florida uses a 12-person jury in eminent domain cases to decide full compensation, giving the community a direct role in checking the government's valuation. The authority also generally bears the owner's litigation costs and attorney's fees under §§73.091 and 73.092, with fees tied to the benefit the owner's lawyer achieves above the initial offer. In the slow take, title does not pass to the government until the case concludes and compensation is set. For the disclosure and valuation context that also turns on a property's assessed and market value, see our guide to the property tax assessment process.

Feature	Florida rule
Compensation standard	"Full compensation" (Art. X, §6) — more than federal "just compensation"
Chapter 73	General "slow take"; title passes at the end
Chapter 74	"Quick take"; deposit into registry, early title and possession
Who sets compensation	12-person jury if the parties cannot agree
Owner's fees and costs	Generally paid by the condemning authority (§§73.091, 73.092)

Chapter 74: the "quick take"

Chapter 74 provides an expedited alternative used by most state, county, and municipal authorities: the "quick take." Under it, the condemning authority can obtain an order of taking relatively early in the case and acquire title and possession before the final compensation amount is decided, by depositing its good-faith estimate of compensation into the court registry.

This lets public projects — road widenings, utility corridors — proceed on schedule without waiting for a full valuation trial, while protecting the owner by putting money on deposit immediately. The owner can typically withdraw the deposited amount and still litigate for more, and the authority may owe interest on any shortfall between the deposit and the final award. The quick take shifts timing, not the owner's right to full compensation: the owner still ultimately receives the constitutionally required amount, just with the taking happening first and the final number settled afterward. For another Florida process where possession and title turn on statutory procedure and deposits, see our guide to judicial foreclosure under Chapter 702.

Inverse condemnation

Inverse condemnation is eminent domain in reverse. In an ordinary condemnation, the government initiates the case and the owner defends the valuation. In inverse condemnation, the government has already taken or substantially damaged the property — or destroyed its value through regulation or physical intrusion — without filing a formal condemnation action, and the owner sues to force the government to pay.

Here the property owner is the plaintiff, carrying the burden of proving that the government's action amounted to a "taking" under Florida law. These claims arise from things like permanent flooding caused by a public project, a physical occupation, or a regulation that goes so far it deprives the owner of substantially all economic use. If the owner proves a taking, the same full-compensation principle applies. Inverse condemnation is the owner's remedy when the government takes the benefit of the property without going through the front-door condemnation process. For how regulatory limits on land use are analyzed in the disclosure context, see our guide to seller property disclosure requirements.

Public use after Kelo

The "public purpose" requirement was tested nationally by the U.S. Supreme Court's 2005 decision in Kelo v. City of New London, which held that taking private property to transfer it to another private party for economic development could qualify as a public use under the federal Constitution. The decision was widely criticized as stretching public use too far.

In response, Florida added Article X, Section 6(c) to its Constitution, restricting the conveyance of property taken by eminent domain (in proceedings filed on or after January 2, 2007) to a natural person or private entity unless authorized by general law passed by a three-fifths vote of the membership of each house of the Legislature. The result is that Florida's public-use requirement is more protective of owners than the federal Kelo baseline. For exam purposes, the takeaway is that a Florida taking must serve a genuine public purpose, that Florida's post-Kelo limits constrain private-benefit takings, and that whatever the purpose, the owner is entitled to full compensation. For the broader constitutional protections attached to a Florida homestead, see our guide to constitutional homestead.

Frequently Asked Questions

What is eminent domain?: Eminent domain is the government's inherent power to take private property for a public purpose, provided it pays the owner. Both the U.S. and Florida constitutions require a public use and compensation. In Florida, the power is exercised through Chapter 73 (general procedure) and Chapter 74 (quick take) of the statutes, and the compensation standard is set by Article X, Section 6 of the Florida Constitution.
How is Florida's "full compensation" different from "just compensation"?: The federal Fifth Amendment requires "just compensation," generally the market value of what is taken. Florida's Constitution requires "full compensation," an owner-protective standard broader than the federal baseline. It is implemented through valuation rules such as severance damages to any remaining property where applicable, together with statutory fee and cost provisions that generally require the condemning authority to pay the owner's reasonable attorney's fees and expert costs. This makes Florida notably more owner-protective than the federal standard.
What is the difference between a slow take and a quick take?: A slow take under Chapter 73 is the general procedure: the authority negotiates, files suit, and title passes only when the case concludes and compensation is determined. A quick take under Chapter 74 lets the authority take title and possession early by depositing its estimated compensation into the court registry, so a public project can proceed while the final amount is litigated. The owner's right to full compensation is the same in both.
What is inverse condemnation?: Inverse condemnation is a claim the property owner brings when the government has taken or substantially damaged the property — physically or through regulation destroying its economic use — without filing a formal condemnation case. The owner is the plaintiff and must prove that the government's action constituted a "taking." If proven, the owner recovers full compensation. It is the owner's remedy to force payment when the government takes the property's benefit without the normal process.
Does the government pay my attorney's fees in a Florida condemnation?: Generally yes. Under §§73.091 and 73.092, the condemning authority is generally responsible for the property owner's reasonable attorney's fees and costs, with fees typically calculated based on the benefit the owner's attorney obtains above the authority's initial offer. This fee-shifting is part of Florida's full-compensation framework and is a major reason Florida property owners can meaningfully contest a low offer.
What did the Kelo decision change for Florida?: In Kelo v. City of New London (2005), the U.S. Supreme Court held that taking private property to transfer it to another private party for economic development could count as public use under the federal Constitution. Florida responded by tightening its own law to restrict takings that transfer property to private parties for private redevelopment, making Florida's public-use requirement more protective of owners than the federal Kelo baseline.

Bottom Line

Eminent domain lets Florida government take private property for a public purpose, but only with full compensation — an owner-protective Florida standard under Article X, Section 6 that exceeds the federal "just compensation" floor, implemented through valuation rules such as severance damages and statutory fee and cost provisions for attorney's fees and expert costs. Condemnation runs through Chapter 73's general "slow take," where title passes at the end and a 12-person jury sets compensation after good-faith pre-suit negotiation under §73.015, or Chapter 74's "quick take," where the authority deposits its estimate and takes title and possession early. The authority generally pays the owner's fees and costs under §§73.091 and 73.092. Inverse condemnation is the reverse claim, brought by an owner to force payment when the government takes or destroys property value without a formal case. After Kelo allowed economic-development takings federally, Florida restricted private-benefit takings, making its public-use requirement more owner-protective. For related Florida topics, see our guides to constitutional homestead, the property tax assessment process, and judicial foreclosure under Chapter 702.

Source: Florida Statutes Chapter 73 — Eminent Domain (official) · Florida Statutes Chapter 74 — Quick Take (official) · Florida Constitution, Article X, Section 6