Eminent Domain and Prejudgment Interest

Florida Department of Transportation.  According to the Court, the question hinges on the language that "full compensation is determined 'by reference to the state of affairs that would have existed absent any condemnation proceeding whatsoever'" and by the statutory requirement that interest is applicable to all expenses incurred as a result of the eminent domain proceedings.  But what exactly does this mean?  Essentially, this means that interest applies not only to the full difference between the condemning authority's "good faith" offer and the trial decision, but also to any "reasonable" expenses incurred by the property owner during the proceedings. A Warning But this language can be deceiving.  It is important to note two caveats. The court has the right to determine what constitutes "reasonable" expenses. In the precedent case, Boulis was billed by an expert he employed for $35,308, but the court determined that only $16,200 of that was considered "reasonable." So Boulis was responsible for nearly $20,000 out of pocket, a reminder that it is good to know what constitutes "reasonable" fees in the eyes of the court. The court said that interest would only apply from the date that the expense was incurred, not from the date the <a href=http://www.florida-eminent-domain.com/condemning-authorities.php>condemning authority</a> took title, unlike the rest of your full compensation. Thus, determining prejudgment interest and what expenses the court will accept can be a tricky proposition. How Does This Affect You? As shown in the Boulis case, even those who seemingly know the law can end up with exorbitant expenses due to eminent domain.  Navigating the intricate pathways of eminent domain law, such as prejudgment interest, requires expert legal counsel.

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