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FDOT - Office of Right of Way Eminent Domain Frequently Asked Questions
Office of Right of Way
Jim Spalla, Director
Eminent Domain Frequently Asked Questions

What gives the department the right to take my property?
The department has the power of eminent domain which is the power of government to acquire private property for the benefit of the general public. The power of eminent domain comes from the United States and Florida Constitutions.

In general how does the eminent domain process work?
You will get a notice explaining your rights and describing the property needed for our project; you will get an offer of not less than our estimate of your property's value; we will negotiate with you for at least 30 days; if we cannot agree on price we may file an eminent domain action; we will negotiate with you throughout the litigation, if we agree on price the litigation will be ended, otherwise a jury may decide the amount we must pay.

Am I responsible for the cost for an attorney and other experts to represent me?
The department will pay your reasonable expenses for an attorney and other experts to represent you throughout the negotiation and eminent domain process.

 
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