Not able to view email? View it in your browser.
Fall 2015
IN THIS ISSUE
d&G Lawyer News
Educational Workshops

Interested in a seminar on a recurring legal issue confronting your company? Contact our event coordinator, to learn more about our educational workshop options.

Visit Our Site:



101 E. Kennedy Blvd.,
Suite 2000
Tampa, FL 33602
813-229-2775



  • Are You a Business Owner?
    You May Be Entitled to Compensation for Damages Due to Roadway Improvements
  • By: Vivian Arenas-Battles

    As we drive throughout Florida, we see road construction occurring everywhere. Existing roads are being widened and new roads are being constructed to accommodate a growing population and new development. Particularly, in urban areas, this road construction can have serious impacts on existing businesses. If you own a business within the path of a road project, you may be able to seek compensation from the state or local government for business damages pursuant to Florida’s eminent domain laws. Business damages may include lost profits, loss of goodwill, and costs related to the move and sale of equipment.


    If your business is in the path of a road construction project and any real property is being taken by a city, county, or the state, Section 73.015(2), Florida Statutes requires that you be notified of the taking before an eminent domain lawsuit is filed. The notice must advise the business owner (1) that all or a portion of his or her property is necessary for a project; (2) the nature of the project; (3) that the business owner may request a copy of the appraisal report upon which the offer to the business owner is based along with right of way maps, construction plans, etc.; (4) that the business owner’s statutory rights, including payment of attorney’s fees and costs and expert costs; and (5) the business owner’s rights and responsibilities.

    A business owner’s damages are compensable provided the following requirements are met: (1) the business has been established at the place of the taking for at least five years; (2) the property is subject to only a partial and not a whole taking of property; (3) the business must utilize the part of the property to be acquired in the conduct of its business; and (4) the business complies with other procedural requirements. Section 73.071(3)(b), Florida Statutes.

    In order to file your business damage claim, you will need to submit a business damage offer within 180 days after receipt of the notice or the date the notice is returned as undeliverable by the post office. Along with the offer, the business owner must provide the condemning authority copies of the owner’s business records that substantiate the business damage claim. Section 73.015(2)(c)2, Florida Statutes. Typical business records required include federal income tax returns, federal income tax withholding statements, federal miscellaneous income tax statements, state sales tax returns, balance sheets, profit and loss statements, and state corporate income tax returns. An attorney with experience in eminent domain matters will be able to guide you through the process and ensure that you meet all the requirements for filing a claim. Failure to file a timely claim will require that the judge strike the claim.

    If you have further questions regarding business damages in eminent domain cases, please contact Vivian Arenas-Battles in our office at varenas@dgfirm.com or 813-229-2775.
    101 E. Kennedy Blvd., Suite 2000 | Tampa, FL 33602 | 813-229-2775 Fax: 813-229-2712
    Email: info@dgfirm.com | Site: www.dgfirm.com
    If you’d like, you can unsubscribe from this Newsletter, Click Here.