FDOT highway takings across every district, FPL and Duke Energy Florida transmission lines, major solar and energy storage projects, and explosive data center growth in Miami, Jacksonville, and Tampa are all driving ROW acquisitions across Florida. National ROW fights for maximum just compensation under Florida Statutes Chapters 73 and 74.
Florida eminent domain is governed by Florida Statutes Chapters 73 and 74. Chapter 73 establishes the general condemnation procedure, requiring the condemning authority to make a good-faith written offer based on a written appraisal before filing a condemnation petition (Section 73.015). Chapter 74 provides for the quick-take process, allowing immediate possession after deposit of estimated compensation with the court.
Florida is one of a small number of states that explicitly provides statutory compensation for business damages resulting from a taking. Under Florida Statute 73.071(3)(b), if a condemnation reduces the value of a business located on or adjacent to the taken property, the business owner may be entitled to separate compensation beyond land value. This is a powerful and frequently overlooked protection.
The Florida Department of Transportation (FDOT) operates seven districts statewide and is one of the most active DOTs in the country for right-of-way acquisition. Major active corridors include I-4 Ultimate, SR-836/Dolphin Expressway, I-95 corridor improvements, the Suncoast Parkway extension, I-75 widening, and the Florida Turnpike expansion. FDOT is required to make a written offer under Section 73.015, but their initial appraisals frequently omit business damages, access impacts, and severance to remainder parcels.
Florida has several interstate natural gas pipelines, including Florida Gas Transmission (Kinder Morgan) and Sabal Trail Transmission, both operating under FERC certificates with federal eminent domain authority. The Southeast Gas Pipeline network also crosses the state. Landowners have the right to contest easement width, surface use restrictions, restoration requirements, and the adequacy of compensation offered by these operators.
Florida Power & Light (FPL), a NextEra Energy subsidiary, is the dominant electric utility in Florida and one of the largest solar developers in the world. Duke Energy Florida serves the central and western portions of the state. Both hold condemnation authority for transmission and distribution infrastructure. With Florida’s aggressive solar buildout and hurricane hardening transmission upgrades, FPL and Duke are acquiring significant new ROW statewide.
Florida is one of the fastest-growing utility-scale solar markets in the US, driven by FPL’s massive solar buildout and Duke Energy Florida’s renewable transition. Large solar projects are concentrated in rural central and north-central Florida. Energy storage facilities paired with solar are also expanding. The transmission infrastructure connecting these projects to the grid often involves utility condemnation of private land.
Florida’s Miami-Fort Lauderdale corridor is a major data center hub, particularly for Latin American connectivity. Jacksonville, Orlando, and Tampa Bay are also growing data center markets. FPL is investing billions in new transmission and substation capacity to serve this demand, with new 345 kV and 500 kV infrastructure under development. These power corridor acquisitions follow Florida Statutes Chapter 73 requirements and give landowners full rights to just compensation, including business damage claims under Section 73.071(3)(b).
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Get a Free Case Review ↓Florida eminent domain is governed by Florida Statutes Chapters 73 and 74. Chapter 73 covers general condemnation; Chapter 74 covers quick-take. Section 73.015 requires good-faith written offers before filing suit.
Under Florida Statute 73.071(3)(b), you may be entitled to separate compensation for business damages caused by the taking — not just land value. This applies when a condemnation reduces the value of a business on or adjacent to the taken property. It’s one of Florida’s most powerful landowner protections and is frequently overlooked.
Yes. FPL is building significant new 345 kV transmission infrastructure to serve data center demand in Miami, Jacksonville, and Tampa. These utility ROW acquisitions follow Florida Statutes Chapter 73, and landowners have full rights to just compensation including business damage claims.
Under Florida Statute 73.071, just compensation is the full value of the property taken plus severance damages to the remainder plus, where applicable, business damages under Section 73.071(3)(b). Florida’s compensation framework is among the most comprehensive in the country.
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