There are two main questions in a taking. First is whether the taking is appropriate. Second, if the taking is proper and cannot be defeated, we attempt to maximize the award or settlement as to damages. I have had several cases where we settled at a premium to the landowner, the taking was defeated or the suit withdrawn based upon legal argument that the taking was improper. Generally, it is difficult to stop a taking for a road project, but it is not impossible. The issue of the propriety of the taking is one that is determined by the judge. It is often a very technical argument that defeats the taking. To be candid, oftentimes this simply delays the inevitable. However, sometimes the threat of delay is worth additional compensation. However, even if it appears that the taking cannot be ultimately defeated, contesting the issue of the propriety of the taking will often tremendously increase the settlement we are able to obtain for our clients.  If we are retained, we can better evaluate whether the taking can be defeated, or whether it is in your best interest that it should even be challenged.

Typically, if a taking goes to court, it involves a preliminary phase where the Court considers the propriety of the taking. If so, the FDOT’s estimate of value will be deposited with the registry of the Court, and the title to the property will vest in the FDOT. You would normally be able to withdraw the money from the Court registry, subject to claims of mortgagees and other lienors, and proceed to litigate the amount due to you.  If the case goes all the way to trial, you will have the benefit of a twelve-person jury. The only other time you get such a large jury in Florida is in a capital case, when an accused person is subject to being deprived of his life. That shows how important the law considers these cases to be.