Melbourne Eminent Domain Attorney: What Brevard County Owners Should Do When FDOT Calls

If FDOT has contacted you about part of your property in Melbourne or anywhere in Brevard County, a Melbourne eminent domain attorney can review the offer, the appraisal, and the plans before your response window closes. Do not agree to anything by phone, and ask FDOT in writing for the appraisal and the construction plans. Those two documents show what the state is taking and what it thinks the rest of your property is worth afterward.

What Should You Do First When FDOT Calls About Your Property?

Put your request in writing and keep every notice. Under section 73.015, Florida Statutes, the condemning authority must provide its appraisal within 15 business days of your request, along with right-of-way maps and construction plans to the extent they have been prepared.

You also have at least 30 days after you receive FDOT’s notice before it can file a condemnation case. The clock runs from the day the notice arrives or comes back undeliverable, so save the envelope and write down the date. Our overview of the eminent domain process for Florida commercial property owners covers the steps that follow.

If FDOT calls before any written notice arrives, ask the caller for three things:

• The project name and FDOT item number.
• The parcel number FDOT says it needs.
• A copy of the notice and offer in writing.

Then keep notes on who called and when, and let counsel handle the conversation from there.

Did FDOT just call or send an offer on your Brevard County property? Talk with a Jimerson Birr eminent domain attorney before you sign or respond.

Is FDOT Actually Buying Land in Melbourne and Brevard County?

FDOT’s adopted work program for fiscal years 2027 through 2031 includes right-of-way purchase money for several Brevard County projects. Only one is in the Melbourne area. The program still carries fiscal year 2027 right-of-way money on that item, but FDOT’s Ellis Road project handout reports that land acquisition there was completed in fall 2024.

We cover the first two corridors in our guide to SR 528 eminent domain between Industry Road and SR 3.

The work program is a planning document, not a parcel list. It does not say which properties are affected or when notices go out. Only the plans show whether your parcel is on the list, and a county, city, or utility can also condemn land for its own project. If your property is not on one of these corridors, still ask for the notice and plans in writing. The presuit notice duties in section 73.015(1) are not limited to FDOT, though the business damage deadline in subsection (2) covers road right-of-way takings by public bodies.

Not sure whether a project touches your parcel? Request a free consultation so an attorney can read the plan sheets with you.

What Can an FDOT Offer Leave Out on a Partial Taking?

On a partial taking, Florida law requires compensation for the land taken and for damages to the remainder caused by the taking, under section 73.071(3). An offer that prices only the strip FDOT needs can miss what the taking does to the rest of your property. Check these first:

• Access. A moved driveway or a closed median opening can change how customers and trucks reach you.
• Remainder value. Lost parking and drainage changes can show up as severance damages to the remaining property.
• Construction disruption. If crews need space on your frontage, ask whether the offer accounts for a temporary construction easement.

Can a Business on the Property Recover More Than the Land Value?

Sometimes. Section 73.071(3)(b) allows business damages on a partial taking when a public body is acquiring a right-of-way and the business has more than five years’ standing. The business must be owned by the party whose land is taken and sit on adjoining land that party owns or holds, and the claim must be pleaded in written defenses.

The deadline matters. Section 73.015(2)(c) requires a good faith written offer to settle business damages, sent by certified mail, within 180 days after you receive the business owner notice, unless the parties agree to a later date. Absent a good faith justification for missing it, the court must strike the business damage claim.

Who Pays for Your Attorney and Appraiser?

In a condemnation case, section 73.091(1) requires the condemning authority to pay attorney’s fees as provided in section 73.092, plus reasonable costs, including reasonable appraisal fees and, when business damages are compensable, a reasonable accountant’s fee. Section 73.015(4) carries cost and fee recovery, on conditions it spells out, into a settlement reached before suit on a road right-of-way taking.

That is why it makes sense to talk with counsel before accepting an FDOT offer. If FDOT files under chapter 74, the quick-take process adds its own deadlines.

Has FDOT asked you to sign a deed or easement? Talk with a Jimerson Birr condemnation attorney before you do.

Jimerson Birr represents property and business owners across Florida in condemnation matters brought by the state, municipalities, and other public bodies. Charles Jimerson serves as statewide eminent domain counsel for banks, distribution companies, retailers, gas stations, and restaurants on takings tied to road widenings. Our Real Estate Development, Sales & Leasing team also works with owners on eminent domain condemnation issues, land use and zoning, and commercial leasing.

What Should You Check Before You Respond to FDOT?

These facts shape what your property and business may recover:

1. The dates you received each notice. The first notice starts the 30-day window. The separate business owner notice starts the 180-day business damage clock.
2. What the plans take. A strip, a corner, a driveway, or the whole parcel each lead to different claims.
3. How long the business has operated there, and who owns the land and the business.
4. Your lease, if you rent. A condemnation clause can decide how an award is split between landlord and tenant.
5. How the property works today. Truck routes, parking counts, and customer entrances show what a plan change really costs.

These facts decide the outcome, and an attorney needs to review them against the appraisal and the plans.

Do the plans move a driveway or remove parking you depend on? Talk with a Jimerson Birr eminent domain attorney before the response window closes.

How Can Jimerson Birr Help When FDOT Calls About Your Melbourne Property?

If FDOT has called about your Melbourne or Brevard County property, Jimerson Birr can request and review the state’s appraisal and plans, work with experienced real estate appraisers, and pursue remainder and business damages through our Florida eminent domain practice. Call (904) 389-0050 or request a free consultation. Waiting has a cost: FDOT can file suit once 30 days pass after you receive its notice, and a business damage claim can be struck if your offer is late without good faith justification.