How is the attorney’s fee determined in an eminent domain case? The attorney’s fees are set by Florida Statute 73.092. This statute states that the attorney’s fee is determined by the benefit obtained for the client and is based on the difference between the final judgment or settlement and the last written offer made by the condemning authority before the defendant hires an attorney. Specifically, the attorney fee is thirty-three percent of any benefit up to $250,000; plus twenty-five percent of any portion of the benefit between $250,000 and $1 million; plus twenty percent of a portion of the benefit exceeding $1 million.
This attorney’s fee does not come out of your recovery. It is paid by the condemning authority which is usually FDOT. The important thing to remember is that the fee is separate from your right to receive full compensation for your property and will not diminish your settlement proceeds.
Eminent Domain. Did you know that the land you own is subject to the superior right of ownership by the government? We like to think that the land we own is ours and ours only but that is not the case. The state owns the land first, and we own our land second. This means that should the state decide that they want our property they can take it…but, of course, the state must pay full compensation for taking our property.
Florida Statutes Chapter 74 also known as the quick taking statute, is the most common statute used by the government to exercise the power of eminent domain. Why is it called the quick taking statute? Because the government can take land by depositing a good faith estimate of the value of the property taken and get a quick court order which transfers the title of the property from the individual to the government. This statute is frequently used because it is a quick taking of your property, and allows the condemning authority to begin their building project promptly.