Receiving a Notice of Taking in Florida, a summons to show cause, or any other eminent domain notice can be unsettling. It signals that a government agency or condemning authority intends to acquire all or part of your property for a public project. In some cases, the authority may pursue a “quick taking”—a process that allows it to obtain title and possession before the final compensation amount is determined. Florida Chapter 74 expressly authorizes certain condemning authorities to take possession and title before final judgment (Online Sunshine).
The most important thing to remember is this: the government’s first offer is not necessarily full compensation. The notice is the beginning of the eminent domain process, not the end of it.
Before filing an eminent domain case, the condemning authority generally must:
• Negotiate in good faith
• Provide a written offer
• Provide the supporting appraisal upon request
Florida law also requires the authority to provide—within the statutory timeframe—right of way maps, project plans, construction plans, drainage sheets, pavement marking sheets, driveway connection details, and related documents (Online Sunshine).
These materials are essential for understanding the scope and impact of the taking.
Keep everything:
• The envelope and certified mail receipt
• The notice
• The offer letter
• The appraisal summary
• Maps and engineering plans
• All emails or letters from the condemning authority
Do not write on the originals. These documents may establish deadlines, valuation dates, project assumptions, access changes, drainage impacts, and the exact property rights the government seeks to take.
In a quick take case, the clerk issues a summons to show cause after the declaration of taking is filed. Resident defendants must be served with the summons and declaration at least 20 days before the order of taking hearing (The Florida Senate).
If the owner does not timely request a hearing:
• Objections to the order of taking may be waived.
• Title may vest in the condemning authority once the required deposit is made (Florida House of Representatives).
Missing a deadline can significantly affect your rights.
Do not rely solely on the condemning authority’s summary. The appraisal may overlook:
• Severance damages
• Impacts to the remainder property
• Access changes
• Visibility loss
• Parking loss
• Drainage issues
• Cure costs
• Business damages
Construction plans often matter as much as the appraisal because they show how the project will actually affect what remains.
Documents such as:
• Settlement proposals
• Right of entry agreements
• Possession agreements
• Option contracts
• Stipulated orders
…may affect rights that are not obvious from the title alone. In Florida eminent domain cases, the details of the take, the plans, and the reservation of rights can materially affect compensation.
In a partial taking, compensation may include:
• Value of the land taken
• Improvements taken
• Damages to the remainder
• Cost to cure items
• Loss of access
• Other project related impacts
If a qualifying business operates on the property, business damages may also be available. Florida imposes a strict 180 day deadline for submitting a good faith written business damage offer after notice, unless the parties agree otherwise or the court finds good faith justification (Online Sunshine).
Depending on the property, owners may need:
• An eminent domain appraiser
• An engineer
• A land planner
• A traffic/access expert
• A contractor
• An accountant
• A business damages expert
The condemning authority has already evaluated the project before contacting the owner. Owners should not wait until mediation or the hearing to begin building their case.
If the court enters an order of taking, the condemning authority must deposit funds into the court registry. The order does not become effective unless the required deposit is made, and if it is not made within 20 days, the order is void (The Florida Senate).
Owners may be able to withdraw deposited funds before final judgment, but withdrawal should be considered carefully because the compensation claim continues afterward.
Florida law also provides interest on the amount by which the verdict exceeds the estimate in the declaration of taking, measured from surrender of possession to payment (Florida House of Representatives).
Hiring counsel does not reduce the owner’s recovery. Florida eminent domain law requires the condemning authority to pay:
• Attorney’s fees as provided by statute
• Reasonable costs incurred in defending the circuit court proceeding
• Reasonable appraisal fees
• Reasonable accountant’s fees when business damages are compensable
Attorney’s fees in eminent domain proceedings are generally based on the benefits achieved for the client (Online Sunshine).
When a property owner receives a Notice of Taking in Florida, the response must be immediate and organized. Preserve documents, request the appraisal and plans, calendar deadlines, avoid signing anything prematurely, and obtain an independent valuation of the property and project impacts.
Eminent domain is not just about the square footage taken; it is about the full impact on the owner’s property, business, access, use, and remaining value.
When the government moves quickly, you need someone in your corner who understands Florida’s eminent domain process just as well — and often better — than the condemning authority itself. Mark Nation has spent decades protecting Florida property owners, ensuring they receive full and fair compensation for every impact a taking causes, not just the square footage on paper.
Property owners trust Mark because:
• He knows how condemning authorities evaluate projects — and where their appraisals fall short.
• He brings in the right experts early, not at the last minute.
• He has a long track record of increasing compensation far beyond initial offers.
• His fees are paid by the condemning authority under Florida law, not out of your recovery.
If you’ve received a Notice of Taking in Florida, time matters. The sooner you involve experienced counsel, the more protected your rights and your property will be.
Contact Mark Nation today to get a clear understanding of your rights, your options, and the full value of what the government is trying to take. You deserve a defender who knows the process, knows the law, and knows how to fight for the compensation you’re entitled to.
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