Under Florida eminent domain law the property owner whose property is taken is entitled to attorney’s fees “based solely on the benefits achieved for the client.” The statute defines what “benefits” means:
As used in this section, the term “benefits” means the difference, exclusive of interest, between the final judgment or settlement and the last written offer made by the condemning authority before the defendant hires an attorney. If no written offer is made by the condemning authority before the defendant hires an attorney, benefits must be measured from the first written offer after the attorney is hired.
In Pompano Beach Community Redevelopment Agency v. Holland, No. 4D10-291 (Sep. 14, 2011), the District Court of Appeal (Fourth District) interpreted the phrase “first written offer” to exclude an unexecuted contract in which the condemnor offered to pay $31,250 for the property. However, “[t]he contract contained contingencies and was never executed.” The offer was not accepted.
The next year, the condemnor made an offer of $62,500, and informed the owner that if it did not sell, the property would be taken by eminent domain. The owner did not agree, and after trial, the court determined the compensation owed and awarded attorneys fees of $15,000, based on the unexecuted contract as the “first written offer.” The condemnor appealed.
The court of appeals reversed, and held the first written offer did not obligate the condemnor to take the property, “[t]he government only became obligated if the commission subsequently approved the acquisition and appropriated the necessary funds. Because the government did not become obligated upon acceptance by the owner, the unexecuted contract was not the first written offer for the purpose of calculating attorney’s fees.”