What led Anthony Policastro into the field of eminent domain law?
Anthony Policastro explained that his career began after moving from New Jersey to Florida in 1992. He started as an Assistant County Attorney in Pasco County, where he handled a variety of cases, including eminent domain. The litigation opportunities in this field quickly drew his interest, allowing him to try jury trials on behalf of the county. Afterward, he joined the Florida Department of Transportation to focus solely on eminent domain, refining his skills before entering private practice in 1997. In 2011, he founded the Policastro Law Group, dedicated exclusively to eminent domain law.
What makes Policastro Law Group different from other firms?
Anthony Policastro emphasized that his firm is boutique in nature and exclusively focused on eminent domain cases. Unlike larger firms with broad practice areas, his team is client-driven, ensuring hands-on representation throughout the process. For example, he personally attends all site inspections conducted by the government—something not all attorneys do. The firm also carefully selects the best experts, such as appraisers, engineers, and planners, to support each client’s case. Responsiveness is another priority, with Anthony or his staff promptly returning calls and scheduling consultations.
How has working for the government shaped his approach to private practice?
Having represented government agencies earlier in his career, Anthony Policastro gained unique insight into how the other side operates. He noted that government appraisers are often selected as low bidders on large projects, which leads to “cookie-cutter” appraisals. These appraisers frequently reuse comparable sales without accounting for the unique nuances of each property. In contrast, his firm takes the opposite approach, treating every property as unique and ensuring no detail is overlooked.
What is eminent domain and how does it work in Florida?
According to Anthony Policastro, eminent domain is the government’s constitutional power to condemn private property for a public purpose. This authority is grounded in the U.S. Constitution’s Fifth Amendment, as well as Florida’s Constitution and statutes (Chapters 73 and 74). However, the government must demonstrate that the taking serves a public purpose, such as road widening, power lines, water projects, or gas pipelines. In addition, the government must provide a good faith estimate of the property’s value, even though it may not reflect the true worth of the land.
How do property owners find out about a potential taking?
Property owners typically receive a formal “Notice to Owner,” which explains their rights and signals the start of the eminent domain process. Shortly afterward, an appraiser hired by the condemning authority will schedule a property inspection. In many cases, this includes entering the home or business—even if the taking only involves a portion of the property. This is often the first time property owners realize the scope of the government’s project.
Who typically seeks representation in eminent domain cases?
Anthony Policastro shared that most of his clients are property owners who have received a notice to owner or learned of a project through a public meeting or advertisements. These individuals are often unsure of their rights, uncertain about how much land will be taken, and concerned about how the project will affect the value and use of their property.
Can eminent domain takings be successfully challenged?
Yes. Anthony Policastro described a case involving a gas pipeline project in Pasco County where the condemning authority intended to install an above-ground switching station on a property planned for residential development. The property owner asked the company to relocate the station to another part of the land, but the request was ignored and a lawsuit was filed. Anthony represented the owner and fought the taking, emphasizing that the placement would significantly damage the future subdivision’s value. This case illustrated how property owners can push back when government plans are unreasonable.
Which entities have the power to exercise eminent domain?
In Florida, eminent domain authority extends beyond state and local government. Entities such as utility companies, water management districts, and gas companies also have the power to condemn private property. The Florida Department of Transportation, counties, and municipalities are the most common players, but private companies serving public needs may also initiate takings.
How are attorney’s fees and expert costs handled in Florida eminent domain cases?
One of the unique protections for Florida property owners is the state’s guarantee of “full compensation.” Anthony Policastro explained that unlike many states, Florida law requires the condemning authority to cover the property owner’s attorney fees and expert costs. This includes hiring appraisers, engineers, land planners, and accountants when necessary. The law ensures that property owners can defend their rights on equal footing with the government, without being burdened by the expense of legal representation.
What are severance damages and how do they affect property value?
Anthony Policastro explained that compensation goes beyond the value of the land taken. Property owners are also entitled to damages for how the remainder of their property is impacted. For example, if a shopping center loses significant parking due to a taking, the overall property value decreases. If a property worth $1 million loses $50,000 in land, but the remainder drops in value to $750,000, the owner is entitled not just to the $50,000, but also an additional $200,000 in severance damages.
What should property owners prepare before consulting an eminent domain attorney?
Anthony Policastro advised that property owners gather surveys, mortgage documents, leases, and any records of easements on their land. If a business operates on the property, financial records are also crucial, especially if the owner intends to make a business damage claim. In Florida, to qualify for such a claim, a business must have been in operation for at least five consecutive years. Having this documentation ready allows attorneys to fully evaluate the impact of a taking and prepare the strongest possible case.