Eminent Domain

The right of way eminent domain staff is responsible for coordinating the department's eminent domain activities with attorneys and other experts representing the department during condemnation proceedings. If the department and the property owner cannot agree on the price to be paid for the owner's property, the department may choose to file an eminent domain suit to acquire the property. Throughout the litigation process the department will continue to negotiate with the land owner and their attorney. If agreement can be reached, the litigation will be ended and the agreed amount will be paid. Ultimately, if the owner and the department cannot agree, a jury may decide the amount the department must pay for the acquired land. The department will pay all property owners expenses for an attorney and other necessary experts throughout the condemnation process.

General questions about the eminent domain program or policies and procedures may be directed to Jason Garner at jason.garner@dot.state.fl.us, (850) 414-4456.