Pompano Beach Community Redevelopment Agency v. Holland

This appeal challenges the trial court’s application of section 73.092, Florida Statutes (2008), to award attorney’s fees in an eminent domain proceeding. The parties disagree on which of three writings constitute the “first written offer” under the statute. The trial court found that an unexecuted contract was the first written offer. We disagree and reverse.

In 2004, the government1 sought to acquire property from the owner. It transmitted an appraisal report, valuing the property at $25,000, to the owner’s counsel to support its offer of the same amount to the property owner.

In 2005, the…