Florida Eminent Domain Blog | Gregory W. Stoner

The Florida Department of Transportation (FDOT) was established in 1915 as the State Road Department. Originally, it functioned only as an informational office, an advisory board to the 52 counties in Florida that helped them to assemble maps and collect other information about roadways. In 1916, the Federal Aid Road Act, also known as the Bankhead Act, granted matching federal funds to states for the improvement of "rural post roads," but in order to get funds, each state must have a state highway agency. In order to remake the State Road Department into that highway agency, it was granted the ability to receive and manage federal aid, establish a state system of roadways, engage in road construction and maintenance, acquire and own land, and, of course, utilize eminent domain.

With the rise of automobile culture and the spread of suburbanization, demand for new and faster roadways grew dramatically in the middle of the 20th century, and the FDOT's use of eminent domain grew as well. It has become one of the most powerful condemning authorities in the state. Some have argued that this type of taking represents the tyranny of the many over the few as the consensus desire for easy transportation worked to push aside those whose family homes and businesses were "in the way."

Unfortunately, it is still true that if FDOT wants to condemn all or part your property, it is very difficult to resist. Public support is easily rallied around new and efficient roadways, and FDOT's arguments about the need for any particular infrastructure project often carry the day. However, the eminent domain attorneys at the Florida Property Rights Law Firm, P.A. will fight for your property with all possible arguments, and if we cannot resist the condemnation, we will secure full compensation for your property, including severance damages based on a legitimate "cure" for a partial taking.

If the Florida Department of Transportation is seeking to condemn all or part of your property, you need representation to ensure that your rights as a property owner are respected. Call or email us about your eminent domain case today to lean how we can help.