Taking in the Course of Development

A significant archeological site was discovered on the banks of the Miami River in connection with construction of a new residential high-rise project. When Miami-Dade County acted to preserve the site through a “quick taking,” firm attorneys mobilized to defend the landowner in the ensuing compensation dispute. The County had initially only offered to pay for the raw land at approximately $8 million, but firm attorneys prevailed on the court to rule that compensation for the in-progress development would be required. Subsequent settlement negotiations resulted in an award of approximately $18 million, and thus both history and constitutional rights were preserved.