Eminent Domain

Eminent Domain

“The Firm has repeatedly led successful negotiation of multi-party agreements involving private landowners, business interests and local governments to reduce right-of-way costs and to coordinate planning and construction.”

Broad and Cassel has extensive experience in all aspects of acquiring property. Our attorneys have handled the acquisition of fee simple title, the acquisition of easements, the platting of the rights-of-way by engineers and surveyors and the preparation of legal descriptions of the proposed rights-of-way. The Firm has repeatedly led successful negotiation of multi-party agreements involving private landowners, business interests and local governments to reduce right-of-way costs and to coordinate planning and construction.

The broad range of services includes, but is not limited to:

  • Coordinating design with project engineers to minimize claims
  • Pre-condemnation analysis of project planning and design
  • Negotiating extensive and complex purchase agreements
  • Handling all pre-suit requirements
  • Filing petitions in eminent domain and all related documents
  • Obtaining orders of taking, including stipulations where possible
  • Engaging and coordinating all trial consultants and expert witnesses
  • Developing trial strategies with the input of consultants and expert witnesses
  • Conducting extensive discovery
  • Aggressively pursuing comprehensive motions practice designed to limit claims
  • Handling mediations
  • Exploring settlement possibilities at all stages of litigation
  • Handling trials and appeals, as well as all post-trial matters

Once eminent domain litigation becomes necessary, the Firm has significant experience in preparing and filing petitions in eminent domain, obtaining the necessary Orders of Taking and then litigating each individual parcel through jury trial, if necessary. Broad and Cassel also has extensive experience in eminent domain appeals and other post-judgment matters, such as apportionment proceedings and fees and costs hearings involving attorneys and experts.

Our attorneys also represent private property owners affected by the condemnation process before the Federal Government, the State of Florida and its subdivisions, particularly the Department of Transportation, and various counties and cities. The objective for these clients is to obtain the highest possible dollar amount for the subject property.

Select experience includes:

  • Ongoing representation of the Jacksonville Transportation Authority. As general counsel and eminent domain counsel, Broad and Cassel is responsible for a wide variety of legal needs for the Authority.
  • Representation of TECO Energy and Seacoast Gas Transmission in connection with its 51-mile natural gas transmission and distribution pipeline project providing clean energy to the JEA Greenland power plant in Jacksonville, Florida.
  • Representation of the Orlando-Orange County Expressway Authority (now Central Florida Expressway Authority or CFX). As eminent domain counsel, Broad and Cassel was involved with the Authority’s Western Beltway project and the acquisition of 167 parcels of property worth $87 million. Our attorneys also represented CFX on other significant highway projects, including the Goldenrod Extension, the Maitland Extension and the 408 Widening Project.
  • Representation of Broward County in the acquisition of property necessary for the extension of Broward County Airport.
  • Representation of Osceola County with regard to selective “problematic” parcels for the Osceola Parkway project.
  • Representation of Orange County Public Schools in its eminent domain matters, including the acquisition of over 80 parcels of land for the expansion of Boone High School.
  • Representation of a private property owner in an eminent domain matter that resulted in a $1.33 million increase for the client’s land. The group worked to prove that an engineering firm hired by a state agency had conflicting reports.
  • Representation of a hotel chain in a major raw land acquisition for their relocation to Florida. Services included the purchase and platting of the property; negotiating and obtaining waste and sewer agreements; and negotiating and drafting utility and access easement with utilities, adjacent property owners and the municipalities and governmental agencies having jurisdiction.

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