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The rebuild of I-95 at US 1 in Ormond Beach is a construction project, and it is also a land purchase. FDOT’s adopted work program dated July 1, 2026, funds right-of-way work on the project in fiscal years 2027 through 2029, so business owners near the interchange can be asked about land, access, or relocation even after construction starts.
Here is what the public record shows, what it leaves out, and what to check before you answer FDOT.
What Is FDOT Rebuilding at the I-95 at US 1 Interchange?
FDOT is reconstructing the I-95 interchange at US 1 (State Road 5) with three new bridges and redesigned loop ramps, and widening about one mile of US 1 from four lanes to six, with a median. The widening runs between Plantation Oaks Boulevard and Destination Daytona Lane.
FDOT lists the work as project 419772-3 and delivers it through what it calls Modified Phased Design-Build. Its project page for I-95 at US 1 also describes a shared-use path and a protected signalized crossing along US 1.
Did FDOT send you a letter about the I-95 and US 1 interchange? Talk with a Jimerson Birr eminent domain attorney before you respond.
Does Construction Mean FDOT Is Finished Buying Land?
Not necessarily. FDOT’s adopted work program lists item 419772-3 as under construction and also funds land purchases, right-of-way services, and relocation on it for fiscal years 2027 through 2029. Those figures come from the Adopted Work Program dated July 1, 2026.
| Right-of-way phase | FY2027 | FY2028 | FY2029 |
|---|---|---|---|
| Land purchase | $18,000,936 | $5,000,000 | $2,784,070 |
| Right-of-way services | $1,688,605 | $289,820 | None |
| Relocation | $108,150 | None | None |
| Total | $19,797,691 | $5,289,820 | $2,784,070 |
Fiscal year 2027 runs from July 1, 2026, through June 30, 2027. These are planning figures from that program, not offer dates. The program shows fiscal year 2027 forward only, so it cannot tell you what FDOT has already bought or which parcels remain.
FDOT’s project page does not describe right-of-way, so the work program is where this funding shows up. Crews on site do not prove your parcel is past the acquisition window, so ask which FDOT item carries the right-of-way phase for your property.
Which Business Properties Could Be Affected?
FDOT’s design-phase plans, as reported by the Observer, reached beyond the interchange footprint and into the US 1 business frontage. They included:
- Right-of-way: about 9.7 acres of additional land.
- Relocations: two businesses at one North US 1 address.
- Medians: closing the Rosemary Street and Benton Street median openings and adding a new opening elsewhere on US 1.
- Frontage road: a new one serving businesses northwest of the interchange.
Those plans predate construction, so ask FDOT for the current plan sheets that show your parcel. Losing a driveway or median opening raises different questions than losing land. Our guide to access, parking, and other business-critical features in a taking explains how each is treated.
What If You Lease Your Space?
A tenant whose space is affected has its own claims to protect, separate from the landlord’s. Our post on tenants and leaseholders in eminent domain explains them. Your lease terms on condemnation matter here, so pull them early. Appraisals, leases, tax returns, and sales records are far easier to assemble before an offer arrives than after.
What Can Owners Recover When FDOT Takes Part of a Property?
Under section 73.071, Florida Statutes, a jury decides the value of the land taken and, on a partial taking, the damage to the remainder you keep. Eligible businesses may also claim business damages.
- Land value: the market value of the strip or easement FDOT acquires, often tested against deficiencies in the government’s appraisal.
- Severance damages: the loss in value to what you keep. See severance damages when part of your land is taken.
- Temporary rights: staging and driveway work can involve temporary construction easements.
FDOT may argue a rebuilt interchange raises the value of your remaining land. Section 73.071(4) lets that benefit offset damage to the remainder only. It cannot reduce what FDOT pays for the land taken, and you never repay the difference.
Who Qualifies for Business Damages?
Section 73.071(3)(b) allows business damages only when several conditions line up. The business must:
- Be an established business of more than five years’ standing.
- Be owned by the party whose land is taken.
- Sit on adjoining land that party owns or holds.
- Face a partial taking that may damage or destroy it.
The claim must be stated in your written defenses. Our post on business damages under section 73.071 covers proof.
What Happens to a Smaller Remainder After a Taking?
A smaller remainder can still be usable, but setbacks, parking counts, and access may change what you can build or lease on it. Jimerson Birr’s real estate development and construction team advises on those questions, including land use and zoning, easements and restrictive covenants, and real estate development. You can read about attorney Charles Jimerson on his profile, and our team also handles eminent domain and condemnation issues.
What Deadlines Start When FDOT’s Notice Arrives?
Your clocks start when the notice arrives, or when it is returned undeliverable, not on a calendar date. Section 73.015, Florida Statutes, sets the presuit rules:
- 30 days: the owner must be given at least 30 days after the notice is received, or returned undeliverable, to respond to FDOT’s written offer.
- 180 days for business owners: within 180 days after the notice arrives, or comes back undeliverable, the business owner must send FDOT a good faith written offer to settle its business damages, by certified mail, return receipt requested. Absent a showing of good faith justification, the court must strike the business damages claim.
- Fees: on a road right-of-way taking like this one, an owner who settles before suit can recover costs as provided in section 73.091 and attorney’s fees as provided in section 73.092, and the parties can agree on how presuit fees are calculated.
If negotiations fail, FDOT can sue and seek early possession. Our guides to the quick-take process and what to know before accepting an offer cover both. For the wider picture, see our Volusia County overview and what 2026 road projects mean for commercial property.
What Should You Check Before You Respond?
Five facts change the answer for a business owner along the interchange:
- The date FDOT’s notice arrived, or came back undeliverable, because both clocks run from it.
- Whether you own the land, the business, or both, and what your lease says if you are a tenant.
- How much frontage, parking, signage, or driveway the plans reach, and whether your access changes.
- How long the business has operated at the site.
- Whether FDOT’s appraisal and plan sheets match what you see on the ground.
These facts decide the outcome, and an attorney needs to review them before you respond to FDOT or sign anything.
Own or lease a business near I-95 and US 1? Jimerson Birr represents Florida property and business owners in condemnation matters brought by the state, counties, municipalities, and utilities. Talk with a Jimerson Birr eminent domain attorney before you sign anything.
How Can Jimerson Birr Help With I-95 at US 1 in Ormond Beach?
If FDOT’s I-95 at US 1 project in Ormond Beach reaches your property, our eminent domain attorneys review the offer, appraisal, and plans, and prepare your land, remainder, and business damages claims. Call (904) 389-0050 or request a free consultation. The 30-day response window and the 180-day business damage deadline both start when the notice arrives, and without a good faith justification for missing the 180 days, the court must strike the claim.