The Short Answer

In Florida, compensation for a utility easement imposed through eminent domain is generally based on the value of the property interest taken plus, if it is a partial taking, any damages to the remaining property (often called “severance damages”). The valuation is typically determined as of the date of trial or the date title passes, whichever happens first.

What Florida Law Says

When a utility acquires an easement by condemnation, Florida treats it as a taking of a property interest. That means the compensation analysis usually focuses on (1) the market impact of granting the easement rights (use restrictions, access rights, maintenance rights, vegetation clearing, etc.) and (2) whether the easement causes a measurable reduction in value to the remainder of the parcel beyond the strip or area encumbered.

The Statute

The primary law governing this issue is Fla. Stat. § 73.071.

This statute establishes that compensation includes the value of the property sought to be appropriated and, when less than the entire property is taken, damages to the remainder caused by the taking (and in some cases business damages).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to an easement over estate property is rarely simple. Legal outcomes often depend on:

• Strict valuation timing: Florida law generally values compensation as of the date of trial or the date title passes, whichever occurs first. See Fla. Stat. § 73.071(2).
• Burden of proof and appraisal disputes: Easement cases often turn on competing appraisals about the “before-and-after” impact on the parcel, including whether claimed damages are real market impacts or speculative.
• Partial-taking and remainder damages issues: Even if the easement area is small, the remainder may be affected by access limits, building setbacks, future development constraints, or perceived stigma—issues that require careful legal framing under Fla. Stat. § 73.071(3).

Because this involves estate property, there can also be probate-administration complications (who has authority to negotiate, how proceeds are held and distributed, and whether court involvement is needed). A Florida attorney can coordinate the condemnation strategy with the estate’s administration so the personal representative and beneficiaries are protected.

If you’re dealing with an easement already in place or being negotiated, you may also find this helpful: modifying or terminating an easement in Florida.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.