Lege Trend: Constitutional Right to Attorney Fees in Eminent Domain

A state constitution guarantees attorney fees in eminent domain? Yes, the Florida constitution does.

What’s the goal behind this provision? A landowner should not be placed in a worse position after eminent domain

Can this provision go awry? Some Florida attorneys believe so.

What loophole exists for constitutional protection for attorney fees in eminent domain proceedings? When a condemning entity does not play fair and forces needless and endless litigation. The Florida courts deemed a condemning entity’s tactics to include excessive litigation. Even with this ruling favoring land owners, the court  did not allow for attorney fees to combat the improper litigation. 

The Florida Eminent Domain Blog | Florida’s Supreme Court Levels the Playing Field.

Doerr v. Central Florida Expressway Authority

Lexology| Eminent Domain and Attorneys’ Fees: The Case for Excessive Litigation