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The right time to call a Tampa eminent domain attorney is when the government’s first letter about your property arrives, not after you have answered it. In Hillsborough County, that letter may come from the Florida Department of Transportation, and Florida’s presuit deadlines start running when the authority’s written offer or statutory notice reaches you.
When Should You Call a Tampa Eminent Domain Attorney?
As soon as a condemning authority contacts you in writing about buying all or part of your property. Section 73.015 sets presuit clocks that run from receipt of the statutory notice, and in a right-of-way taking, a business owner’s damage claim can be struck if its own deadline passes.
Call sooner if any of these apply:
- An appraiser or right-of-way agent has asked to inspect the property
- You have been asked to sign a right of entry
- You lease space, and your landlord has received an offer
Your deadlines run from the statutory notice, so your review should start no later than that. Our overview of the eminent domain process for commercial property owners walks through each stage.
Where Has FDOT Budgeted Right-of-Way Money in Hillsborough County?
Across 23 items, with the largest amounts on the seven corridors below. FDOT’s adopted work program dated July 1, 2026 carries about $29.8 million for right-of-way purchase, relocation, and related services on those Hillsborough items. About $19.5 million of that sits in fiscal year 2027, which runs July 1, 2026 through June 30, 2027.
| FDOT item | Corridor | Right-of-way money | Fiscal years |
|---|---|---|---|
| 412531-2 | I-275 at SR 60 (Westshore Interchange) | $6.0 million | 2027 |
| 430056-2 | US 41 south of Causeway Boulevard | $5.5 million | 2027 to 2028 |
| 435908-2 | SR 580/Busch Boulevard, Dale Mabry Highway to Nebraska Avenue | $4.8 million | 2027 |
| 437650-2 | I-75 at Gibsonton Drive | $2.9 million | 2027 |
| 442665-1 | Suncoast Parkway widening near Van Dyke Road | $2.2 million | 2027 to 2030 |
| 440338-2 | SR 39/Alexander Street, Plant City | $1.7 million | 2028 |
| 449644-2 | SR 582/Fowler Avenue, 56th Street to west of Riverhills Drive | $1.5 million | 2027 |
A work program year shows when FDOT budgeted the money, not when an offer reaches a particular owner. FDOT adopts a new program every July, and amounts and years can move between programs.
Westshore Interchange
The largest Hillsborough line, including about $1.1 million for relocation. See our guide to the Westshore Interchange rebuild.
US 41 South of Causeway Boulevard
The segment from Pendola Point/Madison Avenue to Denver Street carries right-of-way services money in fiscal year 2027 and land purchase money in fiscal year 2028. It is the only part of FDOT’s US 41 study from Kracker Avenue to south of Causeway Boulevard with right-of-way money, and FDOT’s January 2026 project newsletter describes widening the road from four lanes to six. The segment south through Gibsonton has no design, right-of-way, or construction phase in the fiscal year 2027 through 2031 program.
Busch Boulevard, Dale Mabry Highway to Nebraska Avenue
FDOT’s program lists this item’s status as awarded, dated June 9, 2026, and still carries $4.6 million for land purchase in fiscal year 2027. An awarded construction contract does not by itself mean land acquisition on the corridor is finished.
Other Condemnors in Hillsborough County
FDOT is not the only buyer. Counties hold eminent domain power under section 127.01, and cities and some utilities also hold condemnation power. Whether a utility easement is a taking is its own question, as our post on TECO easements in Hillsborough County explains.
What Can Owners Claim in a Partial Taking?
The value of the property taken, any damages to the remainder, and, for some businesses, business damages. Chapter 73, Florida Statutes sets the categories; any recovery depends on the facts and evidence.
The Value of What Is Taken
Section 73.071(3)(a) covers the value of the property sought to be appropriated. Section 73.071(5) excludes value changes that occur after the project’s scope is known in the market and result solely from knowledge of the project location. The rule cuts both ways: that knowledge can neither lower nor raise the value of the property acquired.
Damages to the Remainder
Section 73.071(3)(b) covers damages to the remainder caused by the taking. On a commercial site, those can involve access, parking, and other business-critical features, signs, and circulation. Staging can require temporary construction easements.
Business Damages
A separate claim with strict conditions. The taking must be partial, the condemnor must be FDOT or another public body condemning a right-of-way, and the taking must be one that may damage or destroy an established business of more than five years’ standing, owned by the party whose land is taken and located on adjoining land that party owns or holds. It must be pleaded in the owner’s written defenses. Our series explains who qualifies, how the loss is proved, and how claims resolve.
Tenants and Relocation
Tenants can have their own claims, often governed by the lease, as our guide to tenant and leaseholder compensation explains. Relocation assistance is generally handled apart from the compensation claim, and on some corridors, as at Kings Highway in Fort Pierce, relocation can be significant.
If you own, operate, or lease property on a Hillsborough corridor, talk to a Florida eminent domain lawyer at Jimerson Birr before you respond to the state.
What Deadlines Start When the Letter Arrives?
In a right-of-way condemnation, two clocks can start when notice is received or returned undeliverable, and they may belong to different people. Section 73.015(1)(b) gives the fee owner at least 30 days to respond to the written offer before the authority files suit. Section 73.015(2)(c) gives a business owner that qualifies for and intends to claim business damages 180 days from that owner’s own notice, or a later date both sides agree to, to submit a good faith written offer of business damages.
- The offer must be prepared by the owner, a certified public accountant, or a business damage expert familiar with the business, sent by certified mail with supporting records.
- Miss the 180 days without a good faith justification and the court must strike the claim. Make that showing and the court shall grant up to 180 days to submit the offer.
- The authority then has 120 days after receiving the offer and records to accept, reject, or counter. A rejection or no response is deemed a counteroffer of zero dollars for the fee calculation under section 73.092(1).
Fee owners, and business owners who receive notice, can also request the appraisal report behind the offer and, to the extent prepared, the right-of-way maps and construction plans. Section 73.015(1)(a)3. gives the authority 15 business days after receiving that request.
How Are Attorney’s Fees Calculated?
Section 73.091(1) directs the condemning authority to pay attorney’s fees as provided in section 73.092, and that fee depends on the result. Except as otherwise provided in section 73.092 and section 73.015, section 73.092(1) bases fees solely on benefits achieved: 33 percent of benefits up to $250,000, 25 percent of the portion from $250,000 to $1 million, and 20 percent above $1 million. Benefits are measured, exclusive of interest, from the last written offer before the owner hired an attorney, or the first written offer after if none came before. Section 73.091 separately requires the condemnor to pay reasonable costs of defending the circuit court proceeding, as assessed by the court, including appraisal fees and, when business damages are compensable, an accountant’s fee.
Settling before suit does not forfeit that. In a road right-of-way condemnation, section 73.015(4) lets an owner who settles in lieu of condemnation recover costs and attorney’s fees in the same manner as provided in sections 73.091 and 73.092, unless the parties otherwise agree.
What Should You Do When the Offer Arrives?
- Keep the envelope. Each clock runs from receipt of its own notice.
- Request the file in writing. Ask for the appraisal, plus the maps and plans to the extent prepared.
- Photograph the property now. Driveways, parking, and signs are hard to reconstruct later.
- Gather business records. The statute lists tax returns and financial statements for the five years before notification, and records that substantiate a business damage offer must accompany it.
- Do not sign a right of entry or settlement without review. See common mistakes owners make.
How Jimerson Birr Helps Hillsborough County Owners
Jimerson Birr represents Florida property and business owners in condemnation matters brought by the state, counties, municipalities, and utilities. We publish corridor-level posts drawn from FDOT’s work program, so owners can see how a project is funded and scheduled.
That work draws on the firm’s real estate development, sales, and leasing practice, its condemnation counsel, and its Tampa office.
If a letter about your Hillsborough property has arrived, contact Jimerson Birr and we can walk through it with you.