SR 40 East of Ocala: What Marion County Owners Should Know Before FDOT Calls

SR 40 east of Ocala has one stretch with right-of-way purchase money programmed in FDOT’s adopted work program, the largest right-of-way budget of any Marion County project. Owners should find out which stretch their land sits on before the Florida Department of Transportation (FDOT) makes contact. Here is where the money is, what the law requires of FDOT, and what to line up first.

What Is FDOT Building on SR 40 East of Ocala?

FDOT plans to widen SR 40 to two 12-foot lanes in each direction with a 40-foot grassed median and wildlife crossings. The work is split into separate FDOT projects, and each one is at a different stage. FDOT’s project page for the middle segment lists it at 6.14 miles, in design, with an estimated construction cost of $65 million.

That page also says the project is not currently funded for construction. Land purchases often come first, so negotiations can run well ahead of any bulldozer.

Which Stretch of SR 40 Has Money to Buy Land?

Only the middle segment, from east of CR 314 to east of CR 314A, has land-purchase money in the program. Check which of the three projects covers your parcel.

• West segment (item 410674-2), the end of the four-lane section to east of CR 314: FDOT’s page states that all right-of-way acquisition for the project has been completed. The adopted program shows construction money in fiscal year 2030 and no right-of-way phase.
• Middle segment (item 410674-3), east of CR 314 to east of CR 314A: the only segment with a funded right-of-way phase, covered below.
• East segment (item 410674-4), east of CR 314A to Levy Hammock Road: the adopted program carries no right-of-way phase on this item.

Does your land sit near CR 314 or CR 314A? Talk with a Jimerson Birr eminent domain attorney to confirm which project, if any, reaches your property.

How Much Right-of-Way Money Is Programmed for the Middle Segment?

About $45.0 million in the adopted five-year program (fiscal years 2027 through 2031), including roughly $37.6 million to purchase land. That comes from FDOT’s Adopted Work Program dated July 1, 2026. FDOT’s fiscal year 2027 runs from July 1, 2026, through June 30, 2027.

• Land purchases: about $25.5 million in fiscal year 2027, then $5.0 million each in 2028 and 2029, and about $2.1 million in 2030.
• Right-of-way services and consultants: about $6.5 million combined.
• Relocation: about $1.0 million, which suggests some owners or occupants may need to move.

Funding years are a planning schedule, not an offer date. Our Marion County overview covers the rest of the county’s projects.

Will FDOT Contact Every Owner Along the Road?

No. FDOT’s project page says, “Affected property owners will be contacted directly by FDOT to begin discussions.” Affected owners could be asked for a strip along the road, a drainage or slope easement, or a temporary construction easement for crews and staging.

Commercial, agricultural, and investment landowners should also watch the median. A 40-foot grassed median can change how drivers reach a property. Whether any driveway loses a turn depends on the plans, which you can request. Our guide to access, parking, and other business-critical features in a taking explains how those losses are treated.

What Must FDOT Do Before It Files a Condemnation Case?

Before it sues, FDOT must give you notice of the taking and your rights, and then at least 30 days after you receive that notice to respond. Section 73.015, Florida Statutes sets the presuit rules:

• Delivery: notice goes by certified mail to the last known address on the county tax roll, so keep that address current. A notice that comes back undeliverable still counts.
• Your documents: on request, FDOT must provide its appraisal within 15 business days, plus right-of-way maps and similar documents that depict the taking, to the extent they have been prepared.
• Your clock: the 30 days run from receipt of the notice, or from the date it comes back undeliverable, not from a calendar date.

Did a certified letter from FDOT just arrive? Request a free consultation so an attorney can calendar your deadlines from the day it was received. For the first meeting with FDOT’s agent, read what landowners should know before accepting an offer.

What Can Owners Recover Beyond the Land FDOT Takes?

Under section 73.071, Florida Statutes, compensation covers the value of the property taken and, when only part is taken, damage to the remainder. An offer that prices only the strip can miss the rest.

• Severance damages: lost value in the land you keep. See severance damages when part of your land is taken.
• Tenants: a lease can carry its own rights, covered in our post on tenant compensation in eminent domain.

FDOT may argue a wider road raises the value of what remains. 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 cannot be made to repay the excess.

Can a Business Recover Business Damages?

Sometimes. On a partial taking of road right-of-way, section 73.071(3)(b) allows business damages when the business:

1. Has more than five years’ standing.
2. Is owned by the party whose land is taken.
3. Sits on adjoining land that party owns or holds.
4. May be damaged or destroyed by the taking.
5. Is pleaded: the claim must be raised in your written defenses to the condemnation case.

The deadline is short. If a business plans to claim business damages, section 73.015(2)(c) requires a good faith written offer, sent by certified mail, within 180 days after it receives the business owner notice, unless the parties agree to a later date. The court must strike the claim if the deadline is missed without good faith justification. Our post on business damages under section 73.071 covers proof.

Run a business on SR 40 frontage? Talk with a Jimerson Birr condemnation attorney about whether your business damages claim qualifies and what records it will take.

Who Pays for Your Attorney?

When FDOT condemns road right-of-way, section 73.015(4) lets an owner who settles before suit recover costs and attorney’s fees in the same manner as sections 73.091 and 73.092. Fees on the land and remainder follow section 73.092(1) unless the parties agree otherwise. Presuit costs are calculated after you submit the appraisals and reports you want reimbursed, and are awarded at closing, after business damages are paid, or on final judgment.

Fees are measured by the benefits you achieve over FDOT’s last written offer made before you hired counsel, not by the hourly bill. Hiring counsel before you respond does not forfeit the right, but timing sets that baseline. Once suit is filed, sections 73.091 and 73.092 govern.

What Happens If FDOT Files Suit?

If negotiations fail, FDOT can file a condemnation case and ask the court for an order of taking before final judgment. Our guide to the quick-take process under chapter 74 lays out the deadlines, and how to read an FDOT order of taking shows what that order does.

Jimerson Birr represents Florida property and business owners in condemnation matters brought by cities, counties, utilities, and state agencies. You can read more about attorney Charles Jimerson on his profile. Our Real Estate Development, Sales & Leasing team also advises on eminent domain condemnation issues, easements and restrictive covenants, and land use and zoning.

What Should You Check Before FDOT Calls About SR 40?

These facts shape what your property and business may recover:

1. Which project covers your parcel. The west, middle, and east segments are at different stages.
2. The date each notice arrives. The first notice starts the 30-day window. The separate business owner notice starts the 180-day clock.
3. What the plans take. A strip, a drainage or slope easement, a temporary construction easement, or the whole parcel each lead to different claims.
4. How long the business has operated there, and who owns the land and the business.
5. How the property works today. Driveways, parking, fencing, drainage, and truck or customer entrances show what a plan change really costs.

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

Not sure whether FDOT’s plans reach your land? Talk with a Jimerson Birr eminent domain attorney before your response window starts.

How Can Jimerson Birr Help Owners Along SR 40 East of Ocala?

If FDOT contacts you about SR 40 east of Ocala, Jimerson Birr can review the offer, appraisal, and plans, evaluate remainder and business damages with appraisers and business damage experts, and negotiate or litigate through our Florida eminent domain practice. Call (904) 389-0050 or request a free consultation. Waiting has a cost: you have at least 30 days after receiving FDOT’s notice to respond before it may file suit, and a business damage claim can be struck if the written offer misses the 180-day deadline without good faith justification.