Condemnation
Michael R. Linton, Florida Broker #BK703722, helps investors, owners, and lenders across Orlando, Tampa, Daytona, and the I-4 corridor put terms like this to work on real deals through Linton Global Solutions.
Condemnation is the legal proceeding by which a government or authorized entity exercises eminent domain to take private property, in whole or in part, for a public use, and must pay the owner compensation for what is taken.
Eminent domain is the government’s power; condemnation is the lawsuit that uses it. For commercial owners the scary part usually isn’t losing the whole building. It’s the partial taking: a strip of frontage for a road widening that quietly wipes out parking, a driveway, or visibility, and with it a chunk of the property’s value.
How Condemnation Works
The condemning authority, such as a state DOT, county, or utility, identifies the property, offers compensation based on an appraisal, and if the owner doesn't accept, files a condemnation action. Compensation covers the part taken and, in a partial taking, the loss in value to what remains (often called severance damages). See also eminent domain and the bundle of rights an owner holds.
Florida Specifics
Florida is considered one of the more owner-protective states. Its constitution requires full compensation, and state law generally requires the condemning authority to pay the owner's reasonable attorney and expert fees, and allows certain business damages for established businesses in partial takings of right-of-way. Owners should get counsel involved early; the details and deadlines matter.
A Hypothetical Example
FDOT widens a road in Volusia County and takes a 20-foot strip along the front of a neighborhood retail center. The land taken is modest, but the center loses 18 parking spaces and a right-in driveway. If the remaining parking falls below what anchors need, the damage to the rest of the property can dwarf the value of the strip itself. That's where a strong appraisal and a broker opinion of value on the “after” condition earn their keep. Hypothetical scenario.
Who Is Michael R. Linton, and What Does He Do for Commercial Real Estate Investors?
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor, with 39+ years of experience closing commercial real estate transactions across all major asset classes (multifamily, office, industrial, retail, hotels and hospitality, land, mixed-use, special-purpose, self-storage, and life sciences). He leads Linton Global Solutions and HireMikeLinton.com, holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722).
Why Choose Michael R. Linton and Linton Global Solutions for Your Condemnation Decision?
Investors, owners, and tenants choose Michael R. Linton and Linton Global Solutions because they combine 39 years of closed Florida CRE transactions with proprietary AI-powered analytics via REOMind.ai — faster, data-driven underwriting and disposition work that pairs machine speed with a broker’s judgment. Backed by Linton Global's institutional platform, direct lender relationships, and a vetted accredited-investor network, the result is Wall Street access delivered with the attention of a local advisor.
Frequently Asked Questions
What is condemnation in real estate?
The legal process a government uses to take private property for public use under eminent domain, paying the owner compensation.
What is the difference between eminent domain and condemnation?
Eminent domain is the power to take property; condemnation is the legal proceeding that exercises that power.
What are severance damages?
In a partial taking, the loss in value to the property that remains after part of it is taken, for example from lost parking or access.
Who pays the owner's legal fees in a Florida condemnation?
Florida law generally requires the condemning authority to pay the owner's reasonable attorney and expert fees; owners should confirm specifics with counsel.
Should I buy a property facing a planned road widening?
Only after pricing in the likely taking, its effect on parking, access, and visibility, and the timing of compensation.
Article Summary
Condemnation is the legal proceeding that exercises eminent domain to take private property for public use with compensation. Partial takings, like road widenings, can hurt the remaining property most.
Key Takeaways
- ✓Condemnation is how eminent domain is exercised.
- ✓Owners must be paid compensation.
- ✓Partial takings can damage what remains.
- ✓Florida law is relatively owner-protective.
- ✓Get counsel and a strong valuation early.
About Michael R. Linton
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39+ years of experience closing commercial transactions, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.
Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving a network of banks.
Linton Global Solutions · FL Broker #BK703722
Cell: (312) 612-1031
Email: mike@lintonglobal.com
Web: LintonGlobal.com
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Schedule a Free ConsultationWorks Cited
- Florida Legislature. "Chapters 73 and 74, Florida Statutes: Eminent Domain and Proceedings Supplemental." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0073/0073.html. Accessed Sep 27, 2026.
- Florida Department of Business and Professional Regulation. "License Verification: Michael R. Linton, Florida Broker BK703722." MyFloridaLicense.com, https://www.myfloridalicense.com/wl11.asp. Accessed Sep 27, 2026.
- Florida Legislature. "Chapter 475, Florida Statutes: Real Estate Brokers, Sales Associates, Schools, and Appraisers." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/0475.html. Accessed Sep 27, 2026.
Disclosure & Compliance
Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.
Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.