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Brian Smith counsels property and business owners across Florida through every stage of the often complex and confusing eminent domain and condemnation process.

Eminent domain has been called “one of the harshest proceedings known to the law” by Florida’s courts. Peavy-Wilson Lumber Co. v. Brevard County, 31 So. 2d 483 (1947). For many Floridians, receiving the condemning authority’s Notice to Owner is the first time they learn that the government even has this power to take property.

Encountering such a challenging legal process, clients across Florida have trusted Brian’s guidance and representation in eminent domain matters for over 14 years. An experienced advisor is a property owner’s best asset when presented with the unwelcome reality of governmental takings.

Every property (and its owner) is unique, as are the issues presented by each taking. Brian approaches each matter by listening to his client’s story and seeking to understand their objectives. Only after that does he assemble a tailor-made team of experts to address the issues created by the taking and pursue the best outcome possible. Brian’s mission is to protect his client’s property rights and ensure that the government fully compensates them for the taking.

Brian has handled eminent domain cases for clients owning a variety of property types and uses, including:

  • Agricultural Land
  • Banks
  • Cellular Towers
  • Churches
  • Commercial Strip Centers
  • Condominiums
  • Convenience Stores
  • Fast Food Restaurants
  • Full-Service Restaurants
  • Gas Stations
  • Hotels
  • Industrial Parcels
  • Mining Operations
  • Multi-Family Residential
  • Multi-Tenant Office
  • National Grocery Stores
  • Nurseries
  • Outparcels
  • REITs
  • Single-Family Residential
  • Timeshare Developments
  • Warehouses

Representative Matters

Representative Cases

Representative Client Experience

Community Activities

  • After-School All-Stars, Board Member
  • Orangewood Church, PCA, Elder
  • JA in a Day, Volunteer Instructor
  • Junior Achievement Academy (Oak Ridge High School), Mentor

Recognition

  • Rising Star, Florida Super Lawyers, 2012-2020 

Professional Certifications & Memberships

  • The Florida Bar
    • Eminent Domain Standing Committee, Chair; 2022-2023; Vice-Chair, 2021-2022
    • Real Property Litigation Committee
  • Association of Eminent Domain Professionals
  • Orange County Bar Association

Languages

Speaking Engagements

  • Eminent Domain Valuation and Special Benefits: A Primer, Florida Bar Eminent Domain Committee Meeting, June 2021
  • Navigating Issues Created When Leased Property is Taken by Eminent Domain, CLE International Conference, 2017
  • Eminent Domain in Florida: The Basics, Florida Self-Storage Association Annual Meeting, 2017
  • Eminent Domain Case Law Update, Association of Eminent Domain Professionals, Summer 2014, Winter 2014
  • Establishing Damages with Respect to Market Fear, co-presenter, CLE International Conference, 2015
  • Condemnation Blight, The Florida Bar Eminent Domain Committee Meeting, Summer 2014
  • Valuation in a Down Economy, co-presenter, CLE International Conference, 2010

Iconic Projects

Appointments & Elected Positions

Representative Transactions

Articles

  • FDOT’s Attack on Business Damages, PetroGram Magazine, 2009

News

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