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With new infrastructure improvement initiatives across the state, property owners are receiving eminent domain notifications from the Department of Transportation. Do you fully understand your rights?

Stephanie J. Toothaker 3/28/2016

Florida’s Supreme Court levels the playing field on eminent domain. “That the power to tax involves the power to destroy … [is] not to be denied.”
— U.S. Supreme Court Justice John Marshall

Eminent domain has received bad press in recent years regarding public/private development deals, but it is alive, well and a mission-critical tool as it relates to enabling public infrastructure efforts. Regarding right of way projects, according to the Florida Department of Transportation, the right of way eminent domain staff is responsible for coordinating the department’s activities, with attorneys and other experts representing the department during condemnation process. If the department and the property owner cannot agree on the price to be paid for the owner’s property, the department may choose to file an eminent domain suit to acquire the property.

To tip the scales in favor of its citizens, Florida legislators put in place a unique protection. Chapter 73 of the Florida Statutes requires full compensation, including attorney fees, to land owners when property is secured for the State through eminent domain. Additionally, a recent case brought new attention to attorney fee reimbursement levels when the Florida Supreme Court fundamentally leveled the playing field between owners and condemning authorities in Doerr v. Central Florida Expressway Authority. What does it mean for you?

Remember, the condemning authority still has the upper hand.
The eminent domain program exists to ensure the people of Florida can be served and protected through responsible infrastructure projects. However, the decisions made for a community’s benefit should not unfairly dismiss the rights of individual landowners. Doerr v. Central Florida Expressway Authority recognizes the landowner’s right to be vigorously defended in litigation where unfair compensation is offered.

In its opinion, the Supreme Court reaffirmed that, under the Florida Constitution, a landowner is entitled to full compensation, which includes an award of attorneys’ fees. In addition, the Supreme Court noted that limiting the attorneys’ fees to the prescribed formula in this case would deny the landowner his right to full compensation under the Florida Constitution.

Progress is a matter of economic sustainability.
Cases like this will occur more often as our state continues to mature. Land is limited in urban areas, and more efficient statewide connectivity is critical to keeping the Sunshine State competitive in the 21st Century. New infrastructure initiatives triggered by both technology needs and new economic realities have become drivers for the process.

Landowners must be ready to act.
Government tends to move more slowly than the private sector, so landowners are generally not surprised by the initiation of an eminent domain action. A proactive strategy could save headaches and unnecessary litigation fees for all parties. It is necessary to stay abreast of proposed projects, because when you receive a notice of condemnation you should already have a good idea about the value of your property.

ALTERNATIVE WORK ENVIRONMENTS APPEAL TO THE EVOLVING BUSINESS OWNER

Stephanie J. Toothaker November, 2014

As a Fort Lauderdale native focused on helping to set the course for our downtown’s future, I have always been excited by the unexpected evolutions that sometimes happen as a result of demographic shifts and technology advances. Once, business was tethered to hardline phones and workstations driven by room size, but today that has all changed.

With downtown Fort Lauderdale’s skyline maturing with more modern buildings, elegant residential projects and edgy mixed-use loft development, we are seeing a new evolution in workspaces as well. As I write from the 15th floor of a Class A office tower overlooking the heart of the Riverwalk district, I am just a short walk from the top law firms and corporate offices that have traditionally made up the power center of our city. But nestled within and nearby our downtown are some exciting new conversations happening in non-traditional venues, bringing West Coast style economic synergies to the heart of our community – and making Broward better as a result.

As in all vibrant communities, Fort Lauderdale benefits from the positive tension between the “button- down” work accomplished in offices high above the streetscape and the on-the-fly world of deal making at coffee shops, incubators and co-working spaces. Today, emerging tech entrepreneurs in rolled up sleeves and sneakers huddle with couture-clad execs to bring ideas and capital together with fantastic results. Here in Fort Lauderdale things are emerging quickly. Just check out the excitement that surrounds Fat Village. It’s entirely nontraditional and has seen a complete shift in the past 15 years.

We all understand that Starbucks is the new office away from home with comfortable, easy to find locations and free Wi-Fi. Standard executive offices now offer all the administrative and technology horsepower of Fortune 500 organizations but on a much smaller scale. South Florida is rapidly transitioning beyond the casual spaces where angel investors and hotshot entrepreneurs operate to a completely different way of doing business.

One example is Axis Space, a new and innovative alternative workspace here in Fort Lauderdale. With a collaborative space approach that encompasses four floors overlooking the New River, Axis Space has all the creative touches Silicon Valley techies have come to expect – and demand – in order to successfully bring concepts to life. With exciting residential projects coming online in our urban core, the new breed of downtown dwellers are drawn to this style of workspace. As a kind of open source, bricks and mortar venue where innovative idea cultivation merges with old -school hard work, this kind of approach is sure to spark the establishment of other spaces like it within our downtown. It also might enable startups to confidently launch alongside the proven, established companies that form the foundation of our regional economy.

Really, it is all about making connections between the new creative class that is driving an up and coming, innovative segment of our economic ecosystem and the established business leaders that provide stability for our community – and the places those connections happen. It is exciting to see this type of flexible, communal office space with big pipe connectivity and bright, open areas becoming a hot downtown alternative. It’s not for everyone, but for those who thrive in a less structured environment, a fun vibe is part of the package.