Business and Landowners’ Condemnation & Eminent Domain

Pursuing full and fair compensation for physical and other takings

Buell & Elligett’s property rights trial team is led by Mark Buell, one of the few eminent domain lawyers in Florida who is Board Certified as a Civil Trial Lawyer and Business Litigator. Mr. Buell has tried numerous eminent domain cases to verdict for both individual landowners and businesses, including claims involving business damages and severance damages. He is assisted by in-house Board Certified appellate lawyers Tom Elligett and Amy Farrior at trial and, if necessary, on appeal.

Buell & Elligett, P.A. represents the interests of landowners, tenants and business owners who have had their property condemned by the government. We cannot stress enough the importance of retaining competent eminent domain counsel as early as possible so that the landowner’s position, and claim for damages, may be properly analyzed and prepared. The scope of our practice encompasses:

  • Road projects and easements: Public works projects, including new roadways and extensions of telephone lines, gas lines or other utilities may require the government or other condemner to seize a portion of your property for public use. Such public encroachment on your private property rights entitles you to compensation for the land taken and for the reduction in your property’s overall value. Buell & Elligett can help you to determine the exact amount due to you and to seek adequate compensation for the taking.
  • Appropriations: Part or all of your interest in land might be seized for some other public purpose, such as a school or other facility. Such an invasion on your rights as a property owner is likely to be compensable. Buell & Elligett advocates for landowners and tenants who have been deprived of their use and enjoyment of their land.
  • Access: The destruction or substantial diminution of an owner’s or tenant’s access to their property and business may result from the reconstruction of a road. Our attorneys have trial and appellate experience in access claims.
  • Business damages: A taking may adversely affect the available parking or otherwise cause damage to a business, entitling the business owner to damages if the owner meets certain statutory criteria. Buell & Elligett can marshal the appropriate experts and analyze potential business damage claims.

Representation without paying attorneys fees and costs

Property owners and tenants who have had their homes or commercial properties taken from them may hesitate to sue government authorities, including state administrative bodies, public utilities, the city or the municipality, for fear of the expense of attorney’s fees and related costs.

It may help to know that Florida law generally requires the state or other condemning authority to pay for attorney’s fees and costs, which may include appraisal fees and business damage analyses by appropriate experts. When a government or public utility takes ownership of private property for public use through condemnation proceedings, landowners and tenants may pursue full and fair compensation in a lawsuit against the state or the condemning authority.

Contact us today

Please call (813) 874-2600 or email us to schedule a free initial consultation with an attorney at the firm. Our attorneys are proud to bring over a century of combined experience to the prosecution of your case.

Referrals and associations welcome

The firm’s trial and appellate lawyers are also available to co-counsel with eminent domain trial attorneys facing complicated condemnation issues.