Understanding Severance Damages In Florida Eminent Domain: What Property Owners Need To Know

When the government takes property through eminent domain, most people focus on one thing — “How much are they paying me for the part they’re taking?” But that’s only half the story.

If the taking of a portion of your property damages the value of what remains — and it often does — you are entitled to severance damages. These damages can significantly increase the total compensation you receive. Unfortunately, many property owners never realize they’re entitled to them unless they have an attorney who knows how to prove them.

Let me break it down in plain English.

What Are Severance Damages?

Severance damages are the loss in value to the portion of your property the government does not take.

Florida law is crystal clear: if the taking harms the remaining property, the government must pay for that harm.

Common examples:

• The taking cuts off access or makes access more difficult.
• The remainder becomes less useful for its intended purpose.
• A commercial property loses visibility, parking, or customer flow.
• A partial taking creates odd shapes or unusable strips of leftover land.
• Noise, traffic, drainage, or safety issues increase as a result of the project.

These damages are real, and they often exceed the value of the land actually taken.

How Severance Damages Are Calculated

Florida uses the “before and after” rule:

1. What was the fair market value of the entire property before the taking?
2. What is the fair market value of the remaining property after the taking and construction of the project?

The difference between those two values equals your severance damages.

This requires:

• A qualified appraiser
• A clear understanding of the government’s plans
• Evidence of how the project impacts your remainder property
• Strong trial experience — because the government will fight you every step of the way

Severance damages are not guesswork. They must be proven through credible, admissible evidence. That’s where experience matters.

Common Situations Where Severance Damages Are Significant

1. Residential property

Losing privacy, increased traffic noise, or losing a portion of your yard may dramatically change how you live on your property. Even losing a buffer or protective landscaping can make the remainder less valuable.

2. Commercial property

This is where severance damages can skyrocket.

If the government takes:

1. A strip used for parking
2. Frontage
3. Signage
4. Driveway access
5. Maneuvering room for deliveries
6. Loading docks
7. Stormwater capacity

…the value of the business and the remaining property can drop sharply.

A warehouse, for example, may lose essential truck maneuvering space. An office complex may lose visibility. A retail property may lose easy right-turn access. These changes can destroy a property’s income-producing power — and the government must pay for that loss.

3. Raw land and development tracts

A partial taking can change:

1. Setback requirements
2. Density
3. Access points
4. Drainage
5. Utility layout
6. Development feasibility

Even a small strip taken for a road can dramatically reduce the remainder’s highest and best use.

Why The Government’s Appraiser Usually Misses — Or Minimizes — Severance Damages

The condemning authority almost never volunteers severance damages. Their appraisers often:

• Understate impacts on access
• Ignore long-term drainage or flooding issues
• Assume project features won’t hurt the remainder
• Fail to consider zoning and future development
• Treat commercial impacts as “minor”
• Use flawed comparable sales
• Ignore business functionality issues

I see it every day. And left unchallenged, property owners walk away with only a fraction of what they are owed.

How My Team Proves And Maximizes Severance Damages

This is where having an attorney who actually tries eminent domain cases matters.

In most cases, severance damages require:

• Detailed appraisal analysis
• Civil engineering studies
• Traffic engineering studies
• Drainage and stormwater evaluations
• Site-plan impact analysis
• Testimony from planners, engineers, and financial experts
• Cross-examination of the government’s witnesses
• Trial-ready presentation of the damages

I work with leading experts across Florida, and I’ve spent more than 35 years fighting these battles. The government takes this seriously — and so do I.

How I’m Paid In Eminent Domain Cases

Under Florida law, you do not pay my fees or costs in a typical eminent domain case. The government pays them.

Here’s how it works:

• My fee is based on the benefits obtained — meaning the difference between the government’s initial offer and the final amount recovered.
• Fees and costs are paid directly by the condemning authority, not by you.

You owe nothing out of pocket.

If your case includes business damages, that part may have a contingency fee component — but we’ll go over that clearly and transparently before anything moves forward.

My job is simple: Protect your rights. Maximize your recovery. Make the government pay what the law requires.

Why Experience Matters — Especially With Severance Damages

Severance damages are usually the largest part of a property owner’s recovery.

But only if they’re properly identified, documented, and proven.

Most lawyers never set foot in a courtroom.

Most have never tried an eminent domain case.

And most don’t understand the engineering, valuation, and legal issues involved.

I’ve spent my career trying complex cases — more than 100 jury trials, more than 100 appeals, and hundreds of millions recovered for clients.

If the government is coming for your property, even a portion of it, you deserve someone who knows exactly how to fight for every dollar the law says you’re entitled to.

If You’ve Received A Notice Of Taking, Time Matters

You rarely get a second chance in eminent domain. Call me. Let me help you get this right from day one. Let’s sit down and walk through exactly what the government is planning and how it will impact your property.

Call 1 (800) 628-4665 or email Contact@Nation.Law.