SR 26 West of Gainesville: What FDOT Must Pay Alachua County Owners

The Florida Department of Transportation is rebuilding SR 26 west of Gainesville through the City of Newberry, and right-of-way money for the project is still in the state’s adopted work program. If FDOT has contacted you about land, a driveway, or a business on this stretch, you are owed full compensation under Florida law, and the offer in your hands is where negotiation starts, not where it ends.

This post covers the project, where acquisition stands, what FDOT must pay, and the deadlines that decide how much you recover. Jimerson Birr’s eminent domain attorneys represent Florida property and business owners in FDOT takings, and we review offers before owners sign.

What Is FDOT Building on SR 26 in Newberry?

FDOT’s project is item 207850-2, a 4.273-mile “add lanes and reconstruct” job on SR 26 from the Gilchrist County line to CR 26A east of Newberry. It is part of the Strategic Intermodal System, Florida’s network of high-priority transportation facilities.

The design changed after the original study. In 2023, the Newberry City Commission approved a joint project agreement with FDOT that converts downtown SR 26 into a one-way pair:

• Existing SR 26 becomes eastbound only
• 1st Avenue carries westbound traffic
• A roundabout is planned at CR 337
• Two new parking lots are proposed

Moving westbound traffic onto a parallel street, and adding a roundabout and parking, can require land from properties along 1st Avenue, not just the old highway frontage. At the time of that agreement, right-of-way costs were estimated at $10 million to $15 million and were not yet final.

Is FDOT Still Acquiring Land for SR 26?

Yes. FDOT’s adopted 2027-2031 Five-Year Work Program funds right of way on item 207850-2 at $1,473,183 in fiscal year 2027 and $2,078,760 in fiscal year 2028. Florida’s fiscal year 2027 runs July 1, 2026, through June 30, 2027.

The same item carries $45,146,680 in construction funding for fiscal year 2027. In February 2026, Newberry’s city manager said construction would begin later this year on a 30-month timeline.

What that means for you depends on where your parcel stands:

• Offer received, not yet signed: your leverage is intact. This is the best time to get counsel.
• Suit filed or order of taking entered: compensation is still open until a jury verdict or settlement.
• Business on the corridor: your business damage deadline may still be running.
• Already signed and closed: that parcel’s compensation is generally resolved, though construction-phase issues can still arise.

The work program shows dollars by fiscal year. It does not show parcel counts, notice dates, or which owners have settled. Your own notice letter controls your deadlines.

What About SR 26 Farther West Toward US 19?

A second item, 207850-5, covers a 19.765-mile stretch of SR 26 from US 19 east to CR 337, most of it in Gilchrist County, but the adopted program funds only study and design work there, with no right-of-way phase. Owners on that stretch are not facing an FDOT acquisition under this item today. It is worth watching as design advances, and our overview of major FDOT projects in North Florida explains how these phases move.

What Must FDOT Pay When It Takes Your Property?

FDOT must pay the value of the land it takes, plus damages to the property you keep when only part of a parcel is taken. Both are set out in section 73.071, Florida Statutes, and together they make up Florida’s standard of full compensation.

On a corridor like this, the money usually comes from three places.

The Land and Improvements Taken

This is the strip, corner, or whole parcel FDOT needs, plus anything on it: signs, parking, landscaping, wells, and structures. Owners should check the state’s appraisal line by line, because appraisal deficiencies are common and costly.

Damage to the Remaining Property

When FDOT takes part of a parcel, the rest can lose value. Lost parking, a shallower lot, a changed driveway, or a new traffic pattern can all reduce what the remainder is worth. Our guide to severance damages in Florida walks through how that loss is proven.

For Newberry businesses, access, parking, and other business-critical features deserve special attention, since the one-way pair changes which direction customers arrive from.

Business Damages

Florida law can pay for damage to an established business in a partial taking, but only if four conditions are met. Under section 73.071(3)(b):

1. Only part of the property is taken
2. The taking is for a right of way by FDOT or another listed public body
3. The business is an established business of more than five years’ standing
4. The business owner also owns or holds the adjoining land where it operates

The claim must be pleaded in your written defenses. Our posts on business damages under section 73.071 and calculating and proving business damages cover the proof in detail.

What Deadlines Apply to SR 26 Property Owners?

Florida’s presuit statute sets short clocks that start when you receive FDOT’s notice, not when you hire a lawyer. Section 73.015 controls the most important ones:

• 30 days: FDOT must give you at least 30 days after you receive its written offer, or after the notice is returned as undeliverable, before it can file suit on your parcel.
• 15 business days: after you request it, FDOT must provide the appraisal its offer is based on.
• 180 days: a qualifying business must submit a good faith written business damage offer, by certified mail, within 180 days after receiving the business notice, unless FDOT agrees to a later date.

Missing the 180-day deadline can cost a business its claim. If your notice arrived months ago, check the date today.

What If FDOT Needs Only Temporary Access or You Lease Your Space?

Temporary construction easements and leasehold interests are compensable too, and both are common on a downtown rebuild. FDOT often needs short-term work areas for grading, driveways, and utilities. Our guide to temporary construction easements explains how they are valued.

Tenants along SR 26 and 1st Avenue should read their lease’s condemnation clause. A tenant or leaseholder may have a claim of its own, depending on the lease terms.

Who Pays Your Attorney’s Fees in an FDOT Taking?

In most FDOT takings, Florida law requires the condemning authority to pay the owner’s reasonable attorney’s fees and costs. Fees are measured largely by how much the attorney improves on FDOT’s written offer. Costs such as appraisal fees are also recoverable, subject to the statute’s conditions.

Our post on recovering attorney’s fees in Florida eminent domain explains the formula.

What Should Newberry Owners Do Right Now?

Do not sign anything from FDOT until someone on your side has read the offer, the appraisal, and the right-of-way maps. Then take these steps:

1. Find the date you received FDOT’s notice and calendar the 30-day and 180-day deadlines.
2. Request the appraisal in writing.
3. Photograph your property, parking, signs, and driveways as they exist today.
4. Gather five or more years of business records if you operate on the property.
5. Pull your lease and mortgage, since both can affect who gets paid.

If FDOT has already filed suit, our explainer on the order of taking covers what happens next. Our guide to what landowners should know before accepting an offer and our eminent domain FAQs answer the questions owners ask most.

Talk to Jimerson Birr About Your SR 26 Taking

Jimerson Birr represents Florida property owners, landlords, tenants, and businesses when FDOT takes land for a road project. Our eminent domain team works alongside our real estate development and construction attorneys, so we look at how a taking affects the value, use, and future plans for your property, not just the square footage on the map.

If FDOT has contacted you about SR 26 in Newberry, contact Jimerson Birr before you respond. We will review your offer, explain your deadlines, and tell you plainly whether the number is fair.