Polk County Eminent Domain – Frequently Asked Questions

They say it’s just for drainage. Does that really matter?

Yes. Drainage easements, ditches, and ponds can change how you use your property, affect access, and impact your home’s value. You may be entitled to compensation for the rights being taken and the reduction in value to the rest of your property.

If they’re just widening the road, why is my yard involved?

Road widening often requires extra space for lanes, shoulders, sidewalks, and drainage. That space usually comes from the properties along the roadway — including front yards and driveways. Even if it’s “just a few feet,” the impact on value, safety, and quality of life can be significant.

Will I have to move out of my home?

If it’s a full taking, you may eventually have to relocate. In a partial taking, you may stay in your home but live with changes to your property. In either case, we help you understand your timeline and work to ensure any relocation or changes are supported by fair compensation.

Can I handle negotiations myself?

You can, but be cautious. The agency’s representatives are not working for you; they’re working for the project. Having your own attorney helps ensure your rights are protected and that any offer truly reflects your losses.

How long do these cases usually take?

It depends on the project, the agency, and whether your case goes to trial. Some resolve in months; others take longer. Construction may begin while compensation is still being decided, but you still have the right to pursue additional compensation.

What does it cost to work with Nation Law?

In the eminent domain cases we handle, we do not charge Marion County homeowners upfront. Under Florida law, the condemning authority is generally responsible for paying reasonable attorney’s fees and certain costs. We’ll explain how that works for you before you decide whether to move forward.

Eminent domain is the power of the government — and certain agencies — to take private property for a public purpose, such as:

Widening a road or adding turn lanes
Installing or expanding utilities
Building schools, government buildings, or public facilities
Improving drainage or stormwater systems

In Florida, that power comes with important limits and protections. Your property cannot be taken unless:

There is a legitimate public purpose, and
You are provided full compensation for what is taken and certain legally recognized damages.

You also have the right to due process — meaning you can be heard in court, challenge value, and present your own evidence if needed.

For Polk County homeowners, that means you have the right to:

Question whether the offer reflects the true value of your home and land
Hire your own appraiser and present your own valuation evidence
Participate in court proceedings about your property
Ask a judge or jury, if necessary, to decide what full compensation really is

Our role is to explain this process in plain language, guide you through each step, and use Florida’s protections to fight for the best outcome the law allows.

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Partial Takings in Polk County: When They Only Take Part of Your Property

Not every eminent domain case involves the government taking your entire home. In Polk County, many projects involve partial takings — where only a portion of your residential property is taken.

Common examples of partial takings include:

Drainage easements: The county or state needs part of your yard for a ditch, pond, or underground pipes.
Road widening: A strip of your front yard is taken to add lanes, medians, sidewalks, or shoulders.
Utility projects: Easements for power lines, water, sewer, or other utilities cross your property.

Even if your house remains, these changes can:

Shrink your yard and usable space
Bring traffic and noise closer to your front door
Change how you safely enter and exit your driveway
Affect your privacy, landscaping, and curb appeal
Reduce your home’s market value

Florida law recognizes that the property you keep — the remainder — can be worth less after a partial taking. You may be entitled to compensation for:

The land or rights actually taken, and
The drop in value to the rest of your property (often called severance damages).

We work with experienced appraisers who understand how drainage, road, and utility projects affect real homes and neighborhoods in Polk County — not just numbers on a map.

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Quick-Take in Polk County: When the Government Wants In Early

In some projects, agencies use a process often called quick-take. Quick-take allows the government to ask the court for permission to take title and possession of your property before the final amount of compensation is decided at trial.

In simple terms, quick-take often involves:

The agency filing an eminent domain lawsuit and a Declaration of Taking.
Depositing what it claims is a fair estimate of your property’s value with the court.
A judge holding a hearing and, if legal requirements are met, issuing an Order of Taking.
After the order and deposit, the agency can begin using the property, and in some cases require you to move or allow construction to start, even while the dispute over how much you’re owed continues.

For Polk County homeowners — especially those near busy roads or new developments — quick-take can make everything feel urgent and out of control.

Here’s the reassurance:

Quick-take can speed up the project, but it does NOT end your right to full compensation.

Even after an Order of Taking, you still have the right to:

Challenge whether the deposit amount is sufficient
Present your own appraisal and expert evidence
Take your case to trial to seek additional compensation

Because quick-take changes your timeline, quick action from you is critical. The sooner we review your documents, the more options we may have to protect your rights and help you plan.

We’re here to help you understand what quick-take means for your home, your timeline, and your next steps — in plain, honest terms.

Will I get monthly bills for legal fees?

No. We don’t charge Polk County homeowners hourly or require large upfront retainers in the eminent domain cases we handle.

Does hiring a lawyer mean I’ll end up with less overall?

In Florida eminent domain, attorney’s fees are typically handled separately and paid by the condemning authority, not taken out of your pocket. Our goal is to protect your rights and increase your overall compensation, not reduce it.

For the eminent domain matters we handle, that usually means:

No upfront fees from you
No hourly billing like you might see in other types of cases
Attorney’s fees and certain costs are generally paid by the condemning authority, subject to court oversight

Plain-language takeaway:

You don’t have to choose between protecting your home and paying a legal bill.
In the eminent domain cases we handle, there are no upfront legal fees for homeowners.

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Why Polk County Homeowners Turn to Nation Law

When a project threatens your home, yard, or acreage in Polk County, you need more than a law firm that “handles cases.” You need a team that understands the law, respects what your property means to you, and communicates clearly.

At Nation Law, we focus on:

Experience with Florida eminent domain

We understand Florida’s eminent domain statutes, local procedures, and the tactics agencies use in road, drainage, and utility projects.

Clear, consistent communication

We keep you informed in plain language so you’re never left wondering what’s going on.

Compassion and respect

We understand that this isn’t just about land — it’s about your home, your plans, and your sense of security.

Determined advocacy

We work to uncover all of your losses and pursue the best outcome the law allows.

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What to Do After Receiving an Eminent Domain Notice in Polk County

If a notice, letter, or lawsuit has arrived about your property, here’s a practical plan for your next steps:

Don’t ignore the notice.

Put it somewhere safe and read it carefully. Look for hearing dates, deadlines, or inspection requests.

Don’t sign anything yet.

Documents that look routine — easements, right-of-entry forms, or early settlement offers — can limit your rights. Have an attorney review them first.

Gather your property documents.

Collect closing papers, surveys, prior appraisals, tax records, photos, and any letters or emails from the agency.

Document your property as it is now.

Take photos and videos of your yard, driveway, ditches, culverts, fences, and any areas that may be affected. Note how you use your property and what you’re worried about losing.

Call an eminent domain attorney.

Before talking with the government’s appraiser or negotiator, speak with a lawyer whose job is to protect you, not the project.

Polk County Eminent Domain Attorneys for Homeowners

Ready to Protect Your Property Rights?