Eminent Domain: Who Pays The Attorney’s Fee?

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.