Brian Smith, Lowndes Photo

Overview

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 15 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

News & Insights

Speaking Engagements

Publications

Recognition

Recognition

  • Rising Star, Florida Super Lawyers, 2012-2020 

Community & Civic

Community Activities

  • Geneva School. Board of Governors, 2023-present
  • After-School All-Stars, Board Member
  • Orangewood Church, PCA, Elder
  • JA in a Day, Volunteer Instructor
  • Junior Achievement Academy (Oak Ridge High School), Mentor

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

Admissions

  • Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Northern District of Florida

Education

  • Stetson University College of Law, J.D., 2007; Stetson Law Review, Notes and Comments Editor
  • Reformed Theological Seminary, 2002-2003
  • University of Florida, B.S., 2002; Business Administration, Finance
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