Toby Prince Brigham, PA
2525 Ponce de Leon Blvd, Suite 300
Coral Gables, FL 33134
Tel: (305) 640-5209
Mr. Brigham has devoted his law practice to the defense of constitutional private property rights for over 50 years. A graduate of Yale University and the University of Florida College of Law, Mr. Brigham founded his Miami-based law practice in 1960, though he has represented landowners throughout the State of Florida and across the country in eminent domain, inverse condemnation, regulatory takings and property rights litigation.
Mr. Brigham has been recognized by both scholars and practitioners for his effective advocacy of private property rights. In 2004, William and Mary College of Law established the Brigham-Kanner Property Rights Conference and Prize which annually recognizes scholarly contributions to the study of property rights and affirms the fundamental relationship between private property rights and individual civil rights.
Mr. Brigham holds the highest rating AV-Preeminent by Martindale-Hubbell for legal skills and professional ethics, is listed as one of Florida's "Legal Elite" by Florida Trend Magazine, a Top Attorney in South Florida, by the South Florida Legal Guide and has been recognized in Woodward and White's The Best Lawyers in America® since 2001. He has been honored by Best Lawyers® as the Miami 2013 "Lawyer of the Year" for eminent domain and condemnation law.
Mr. Brigham has practiced extensively in both federal and state courts, and secured some of the largest trial verdicts and settlement awards for landowners in Florida's eminent domain history. He has lectured on property rights for the American Bar Association, the Florida Bar Association, the American Law Institute as well as for numerous other private and public organizations. His article "The Art of Winning," remains common reading in law school property rights courses today.
- Trial and appellate advocacy in federal, state and local condemnations, regulatory takings challenges, oppressive pre-condemnation claims, and related real estate, land use and business damage litigation.
- Represented private property owners in matters against:
- National Park Service
- Department of Environmental Protection
- U.S. Army Corps of Engineers
- Private Utility Companies
- Department of Transportation
- Turnpike Authorities
- State Water Management Districts
- Numerous County and Local governments
- Represented over 4,000 owners in the largest condemnation in U.S. history for the Big Cypress National Preserve.
- A taking by the South Florida Water Management District for a reservoir, the condemnation award agreed to by the owners stands as the single largest amount for a taking in Florida history. South Florida Water Management District v. Palm Beach Aggregates, Inc., et. al.
- United States of America v. 820 acres of land, John Kennelly
Mr. Brigham and a team of attorneys represented the owner of an 820 acre citrus grove that was part of an Everglades flood control zone in a federal court case. The government's offer was approximately $6.1 million and the final award was $22.7 million. Mr. Brigham successfully argued that the government's announcement to condemn the property nine years before acquiring, constituted oppressive pre-condemnation conduct.
- Miami-Dade County v. Brickell Point, Ltd
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," Brigham and his trial team 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.
- Department of Environmental Protection v. St. Joe Paper Company
The Florida Department of Environmental Protection sought to condemn 653 acres of pristine beachfront property in the Florida panhandle. The client offered to sell a large portion to the state, but that offer was rejected. The government subsequently down zoned the property, decreasing it's property value and offered the owner a reduced amount. Mr. Brigham and his team argued the state hadn't proved it needed to condemn the land to protect it and that the government's desire for the property led to the down zoning. The Court entered its Order denying the taking and while the rehearing was pending, the Court entered a Final Judgment which transferred the property to the government for $84 million; $59 million higher than originally offered.
- City of Miami v. Florida East Coast Railway Company a jury trial in which the award of $23,350,000 was 11 + million higher that the City's first offer. Condemnor is required to pay interest for the time between the date it takes possession of the property and the date full compensation is paid to the landowner.
- Obtained order establishing new cause of action for "oppressive pre-condemnation conduct" requiring compensation to landowner for deliberate delay in filing condemnation proceedings in order to leverage acquisition negotiations. York v. South Florida Water Management District
- Defeated an attempt by the City of Ft. Lauderdale to condemn downtown riverfront property for allegedly historical purposes by convincing the court that the taking was motivated by the special interests of an adjacent landowners. The resulting settlement requires the City to give fair consideration to the owner's development proposals. City of Fort Lauderdale v. Coolidge-South Markets Equities, L.P.
- Pitz v. State Road Dept. found in favor of the property owner as being entitled to loss of rental income occurring prior to the date of taking if the tenants vacated and the property owner could not get another tenant due to the impending condemnation.
- The City of Miami attempted to acquire privately owned bay bottom lands ostensibly for the extension of a road. The Court denied the attempted taking due to the proven "bad faith" of the City, which in fact did not want the road but simply desired public ownership of the bay bottom. City of Miami v. Wolfe
- In a landmark case Judge ruled that certain contested moving costs are part of the "full compensation" required by the Florida Constitution because they are necessary to make the owner "whole." Malone v. Department of Transp.
- American Law Institute - American Bar Association (ALI-ABA) Past Program Chair, Eminent Domain and Land Valuation Litigation
- Owner's Counsel of America, Past President
- Florida Bar, Eminent Domain Committee Chairman 1972-1973
- American Bar Association Member
- Dade County Bar Association Member
Publications & Speeches
- "Eminent Domain in Florida and The Eastern United States"
- Nichols on Eminent Domain, Chapter 37, "Property Rights, " RET: Condemnation Procedures & Techniques (Pub. 243, Rel 43) 1996
- Florida Eminent Domain Practice and Procedures Manual (5th Ed.) Chapter 1, "Introduction," 1996.
- Nichols on Eminent Domain, Chapter 15, "Costs and Attorneys Fees," 1994 and 1990 (Co-Author)
- Nichols on Eminent Domain, Chapter 26, "Eminent Domain, Powerlines and Electromagnetic Fields," 1993 (Co-Author)
- Nichols on Eminent Domain, Chapter 11, "Condemnation and the Landlord Tenant Relationship," 1990 (Co-Author)
- Nichols on Eminent Domain, Chapter 1, "Introduction to the Practice of Eminent Domain," 1990
- "Practical Suggestions in the Art of Winning an Eminent Domain Valuation Jury Trial for the Owner," Southwestern Legal Foundation (1984)
- Florida Eminent Domain Practice and Procedure Manual (3d Ed.), Chapter 7, "Pretrial Procedures and Preparation for Trial," and Chapter 14, "Environmental Land Use Regulations and the Constitutional Protections of the Rights of Private Ownership," 1977 (Co-Author)
- Florida Eminent Domain Practice and Procedure Manual (2d Ed.), Chapter 4, " Order of Taking and Other Orders Before Trial," 1970 (Co-Author)
- Florida Eminent Domain Practice and Procedure Manual (2d Ed.), Chapter 5, "Preparation for Valuation Trial or Settlement," 1970
- Florida Eminent Domain Practice and Procedure Manual (2d Ed.), Chapter 10, "Inverse Condemnation," 1970
- ALI-ABA Seminar, Eminent Domain and Land Valuation Litigation, Topic: "It's Not Enough to be Right" (2005)
- Panel Member, ALI-ABA, Eminent Domain and Land Valuation Litigation, Topics: "Dispute Resolution and Mediation in a Condemnation Case," and "Cutting Edge Issues Involving Just Compensation: A Point-Counterpoint Presentation." (2005)
- ALI-ABA Seminar, Eminent Domain and Land Valuation Litigation, Topic: "Theory and Spirit/Law and Practice" (2004)
- Panel Member, Florida Fruit & Vegetable Association Annual Conference, Topic:" Property Rights, Preemptions and Exemptions" (2003)
- ALI-ABA Seminar, Eminent Domain and Land Valuation Litigation, Topic: "Wetlands, Water Retention Ponds, and Reservoirs" (2003)
- Panel Member, Audubon Conference (2002)
- ALI-ABA Seminar, Eminent Domain and Land Valuation Litigation, Topic: "Conservation Easements" (2002)
- Florida International University Kovens Conference, Topic: Ethics (2002)
- National Conservation Seminar (2002)
- ALI-ABA Seminar, Eminent Domain and Land Valuation Litigation, Topics:" Why and How to Represent the Owner and the Condemning Authority in a Condemnation Case," and "Commission Trials in Federal Condemnation Cases," and "Creative Settlements." (2001)
- University of Miami, LLM Program, Taught Eminent Domain Class. (2001)
- ALI-ABA Seminar, Eminent Domain and Land Valuation Litigation, Topics: "Less than Fee Acquisitions," and "Apportionment." (2000)
- Florida Forestry Association, Topic: "Land Management and Your Rights" (2000)
- Program Chair, ALI-ABA Seminar, Eminent Domain and Land Valuation Litigation, Topic: "Due Process and Fairness in Public Acquisition of Private Property" (1999)
- ALI-ABA Seminar, Eminent Domain and Land Valuation Litigation, Topics: "How to Handle The Basic Condemnation Partial Taking Case and Managing a Condemnation Practice" (1998)
- ALI-ABA Seminar, Eminent Domain & Land Valuation Litigation, Topic: "Advanced Jury Trial Techniques: Eminent Domain Practice Nationwide" (1997)
- CLE International Seminar, "Regulatory Takings" Topic: "The Value of Property Rights" (1997)
- American Law Institute - American Bar Association, Eminent Domain and Land Valuation Litigation Seminar (1996)
- Massachusetts Continuing Legal Education and the Appraisal Institute Seminar, "The Condemnation Lawyer and Appraiser Certification by the State Uniform Standards of Professional Practice," "The Trouble with Community Redevelopment," and "The Use of Non-Appraisal Disciplines to Solve Unusual Valuation Problems," (1995)
- Florida State University Networking Conference "USPAP, Eminent Domain and the Complaint Process," "Appraiser as Expert Witness," and "Property Rights Trends" (1995)
- The Florida Institute of Government, Florida Atlantic University "Florida's New Property Rights Law" (1995)
- American Law Institute - American Bar Association, Eminent Domain and Land Valuation Litigation Seminar (1995)
- Institute on Real Property Law, University of Miami School of Law "The Condemnation Lawyer and the Uniform Standards of Professional Appraisal Practice," "Mediation in Eminent Domain," and "The Property Rights/Regulation Struggle" (1994)
- "Legal Issues Affecting Right of Way" (1994)
- American Bar Association Annual Meeting "Condemnation Sunday" (1994)
- "An Approach to Litigation-Consideration of Environmental Factors" (1994)
- "Attorneys Fees in Eminent Domain," and "Highest and Best Use (and related themes)" (1993)
- "The Art of Winning for the Property Owner (Even in a Recession)" (1992)
- International Conference, "Eminent Domain in the Eastern United States," University of Oxford, England (1990)
- Florida Bar Land Use Planning & Regulation, "The Rights & Remedies of Land Owners" (1988); "Valuation of Industrial Plants" (1986)
- Southeastern Electric Exchange, "Presenting Evidence in a Condemnation Suit" (1986)