Brevard County Eminent Domain – Common Questions

How much time do I have to respond to an eminent domain notice?

Timelines depend on the specific agency and type of case, but there are usually important deadlines for responding to lawsuits, attending hearings, or challenging orders. If you’ve received court papers or a “Declaration of Taking,” you should contact an attorney as soon as possible so you don’t miss any critical dates.

Can I stay in my home during the case?

In many cases, yes — at least for a period of time. In a quick-take case, the agency may eventually gain the right to take possession sooner. We’ll review your documents and explain what the timeline likely looks like for you.

Do I have to accept the government’s first offer?

No. The first offer is not the final word on what your home is worth. The government’s appraiser may overlook important factors or underestimate how a project will affect your property. You have the right to challenge the amount and present your own evidence of value.

What if I already met with the government’s appraiser or signed something?

Don’t panic — but do reach out quickly. Even if you’ve already had conversations or signed initial paperwork, there may still be options to challenge value or address misunderstandings. Bring any documents you signed to your consultation so we can review them together.

How much does it cost to hire Nation Law for an eminent domain case?

In the eminent domain cases we handle, we do not charge you upfront. Under Florida law, the condemning authority is generally responsible for paying reasonable attorney’s fees and certain costs, subject to court supervision. We’ll explain how this works in your case before you decide to move forward.

Does it matter that I live in Brevard County?

Eminent domain rules are set by Florida law and apply statewide, including Brevard County. However, local conditions, property types, and projects can all affect how a case unfolds. Our team understands how Florida law applies to homes in communities like yours and tailors our approach accordingly.

Tell us a little about your situation. An eminent domain team member will review your notice and reach out to discuss your options — at no cost to you.

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How Eminent Domain Works in Florida

Eminent domain is the power the government has to take private property for a public purpose — things like roads, utilities, and public facilities. But in Florida, that power comes with strong protections for homeowners.

Under the Florida Constitution, your property cannot be taken without full compensation. Florida’s eminent domain procedures, found in Chapters 73 and 74 of the Florida Statutes, set out how a taking must happen and how compensation is determined.

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In practical terms, that means:

The government must show a valid public purpose.
You have the right to challenge the amount offered for your home.
A court — and ultimately a jury — can decide what “full compensation” really is, not just the government’s appraiser.

If you’re a homeowner in Brevard County, you don’t have to accept the first offer or navigate this process alone. Our job is to help you understand your rights and fight for the full value of what you’re losing.

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Partial vs. Full Takings of Your Home

Not every eminent domain case means the government takes your entire property.

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Full Takings

In a full taking, the government acquires your whole home and land. The key questions become:

What is the fair market value of your property?
What else are you losing as a result of being forced to move?

We work with appraisers and other experts to help show the true value of your home, not just what a quick estimate might suggest.

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Partial Takings

In a partial taking, the government may take only a portion of your property — for example:

A strip along the road to widen a street.
A corner of your yard for a turn lane or traffic signal.
A portion needed for drainage or a utility easement.

Even if you keep your house, you may still suffer serious impacts:

Less yard or usable space.
Increased noise or traffic closer to your front door.
Changes to your driveway or access.
Reduced privacy or curb appeal.

Florida law recognizes that the rest of your property may be worth less after a partial taking. This is often called damage to the “remainder” or severance damages. You may be entitled to compensation both for the piece taken and for the decrease in value to what remains.

Our role is to help identify and prove those impacts so you’re not left with a home that’s worth less — without being fairly paid for the loss.

Who Pays the Lawyer?

One of the biggest concerns for homeowners is cost:

How can I afford an attorney if the government is already trying to take my home?

In Florida eminent domain cases, the law is designed to level the playing field. In most eminent domain matters, the condemning authority — not you — is responsible for paying your reasonable attorney’s fees and certain litigation costs.

Quick‑Take: When the Government Moves Fast

In some Florida cases, the government can use a process called “quick‑take.” That means it can obtain the right to take your property and even gain possession before the final compensation trial is held.

Here’s how it typically works in simple terms:

The condemning authority files a court case and a Declaration of Taking.
It deposits its estimate of your property’s value with the court.
A judge holds a hearing and, if certain legal requirements are met, issues an Order of Taking.
Once that order is entered and the deposit is made, the government can move forward with the project —even though the final amount you’re owed hasn’t been decided yet.

That can feel frightening. You may be worried about when you have to move, where you’ll go, and whether you’ll receive enough money to start over.

The important thing to know is this:

Quick‑take does not end your right to full compensation. You can still:

Challenge the government’s valuation.
Present your own appraisal and evidence.
Take your case to trial if needed to pursue what you believe your home is truly worth.

If you’ve received a notice or court documents mentioning a “Declaration of Taking” or “Order of Taking” in Brevard County, it’s important to act quickly. We can review your paperwork and explain what it means in plain English.

That means:

You do not pay us upfront to review your case.
You do not pay hourly fees like in many other types of legal matters.
Our fees are typically paid by the government as part of the overall compensation process, subject to court rules and approval.

Simple way to say it: No upfront fees for you.

In Florida eminent domain cases we handle, the government is generally required to pay your attorney’s fees and reasonable costs, not you personally. We’ll explain exactly how fees work in your situation during your free case review so you can move forward with confidence.

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Why Brevard County Homeowners Call Nation Law

When your home is on the line, you need more than just a lawyer — you need a team that listens, explains, and stands by you from star to finish.

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At Nation Law, we offer:

Florida Eminent Domain Focus

Our team understands Florida’s eminent domain laws, procedures, and the unique protections available to property owners across the state.

Homeowner‑Centered Advocacy

We know this isn’t just a case file — it’s your home, memories, and stability. We make time to answer questions and keep you informed.

Clear, Honest Communication

No confusing legal jargon. We explain your options in plain language so you can make informed decisions.

Compassion and Respect

You didn’t cause this. You deserve to be treated with dignity, not pushed or pressured into accepting less than you’re owed.

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What to Do If You Received an Eminent Domain Notice

If you’ve been contacted about a taking in Brevard County, here are practical steps to protect yourself:

Don’t Ignore the Notice

Deadlines can be strict. Set the notice aside where it won’t be lost, and mark any dates listed.

Don’t Sign Anything Yet

Don’t sign an agreement, easement, or release until you’ve had the chance to speak with an attorney who represents you, not the government.

Gather Your Documents

Collect closing paperwork, surveys, tax records, photos of your property, and any prior appraisals. These can all be important later.

Take Photos and Notes

Take clear pictures and videos of your home and yard as they are today. Write down how you use your property and what you’re worried about losing.

Talk to an Eminent Domain Attorney

Before you meet with the government’s appraiser or negotiator, get a free review from a lawyer focused on protecting homeowners.

Eminent Domain Attorneys for Brevard County Homeowners

You didn’t cause this. You deserve answers. We’re here to help.

Ready to Protect Your Property Rights?