When the government shows up with plans to take your property, it’s overwhelming. Most people don’t even know what kind of “taking” they’re facing — and that matters, because the type of taking determines how much compensation you’re entitled to, and how we fight for every dollar the law allows.
Below is the simplest, most honest breakdown of the two main types of takings in Florida eminent domain: full takings and partial takings. The difference between them can mean hundreds of thousands — even millions — of dollars to a property owner.
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A full taking happens when the government takes your entire property. You lose ownership of it completely. This is common in:
• Road-widening projects where the whole parcel sits in the path
• School, utility, or government facility expansions
• Stormwater improvements that need the entire site
What You’re Entitled To in a Full Taking
In a full taking, the law says you must be paid full compensation, which generally includes:
A full taking is straightforward in concept, but valuation almost never is. Appraisers often undervalue unique uses, future redevelopment potential, or income-producing sites. That’s where I step in and fight to make sure nothing gets missed.
A partial taking happens when the government takes only a portion of your property.
This is where things get complicated — and where most property owners get short-changed if they don’t have experienced counsel.
Common examples:
• The government needs a strip of your land for a road widening
• Part of a commercial parcel is taken for a drainage easement
• A corner is taken for a new intersection
• A utility takes a permanent or temporary easement
In a Partial Taking, You’re Entitled to MORE Than Just the Value of the Land Taken
This is where Florida law gives powerful rights that many owners don’t know about.
You may be entitled to:
If the government’s project reduces the value, access, visibility, parking, layout, or usability of the rest of your property, you must be paid for that loss.
Examples of severance damage:
• Your driveway becomes harder to access
• Your commercial site loses parking
• Your corner lot loses visibility
• Traffic patterns change and hurt your business
• Drainage changes cause flooding or restrictions
• The highest and best use is no longer feasible
I’ve handled cases where the land taken was worth $50,000 — but the severance damages were over $1 million.
If a cure is feasible, the government has to pay for it.
A partial taking often leads to larger total compensation than a full taking — because of severance damages and business damages.
But only if the claim is handled correctly.
I routinely see government appraisers miss:
• Changes in highest and best use
• Parking and circulation issues
• Drainage and site-function problems
• Access changes
• Visibility loss
• Development limitations
And every one of those can dramatically reduce your property’s value — which means you must be compensated for it.
I know this process is confusing and intimidating. When the government turns your life upside down, you deserve someone who knows how to push back — and who knows Florida eminent domain inside and out.
Here’s what I do:
• Break down your rights in plain English
• Bring in top experts — appraisers, engineers, planners
• Challenge low government valuations
• Build a full severance-damage analysis
• Fight for business-damage compensation when available
• Handle every part of the negotiation and litigation
• Make sure you’re treated fairly
And again — you don’t pay me.
Florida law requires the government to pay your attorney’s fees and costs.
Time matters. The government is already working with lawyers, engineers, and appraisers. You need someone in your corner immediately — someone who deals with these cases every day.
Call me directly at (800) 628-4665 or visit NationEminentDomain.com.
I’ll walk you through your rights and tell you exactly what to expect, at no cost.
You don’t have to go through this alone — and you shouldn’t.
I’m here to protect you, your property, and your future.
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