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Aug242026

August 24, 2026

Eminent Domain in Central Florida

Written by: Braden Worrell

If you’ve driven a car between Tampa and Orlando in the past few years, no doubt you’ve noticed a big issue: Traffic.

Located in the geographic center of Florida and along Central Florida’s I-4 corridor, Polk County is one hour from both Tampa and Orlando, and close to Central Florida attractions, making it a hotspot for growth.

In fact, Polk County is Florida’s fastest-growing county. Between 2020 and 2025, more than 121,000 people moved to Polk County, and based on Bureau of Economic and Business Research projections, the county’s population is on track to grow by 64 percent by 2050. The proposed Central Polk Parkway East project is one of several infrastructure improvement projects planned to address existing and forecasted transportation capacity deficiencies.

Improved traffic flow is great. But if the improvements require taking some of your home or business’s land, then you are going to learn a lot about “eminent domain.” Eminent domain refers to the government’s power to take private property for public use. The Fifth Amendment to the US Constitution and the Florida constitution provides government may only exercise this power if it provides compensation to the property owners for the taking of their land.

So what are you supposed to do? What can you do?

The eminent domain process usually starts with you receiving what’s called a “We’re Coming Your Way” letter in the mail from the taking authority. This letter includes a project description, a brief explanation of why they need your property, and notice that the government is sending an appraiser to value the property to be taken. Most people just accept the initial offer and the rest is history. But do you know that you have more options than accepting the government’s offer?

Under Florida law, the taking authority must cover your legal fees. Which means you are entitled to a lawyer to handle your case for free. Yes, it doesn’t cost you anything. And many people who choose to utilize a lawyer receive higher compensation than the original offer. Not only will a lawyer handle your case for you, but they can:

  • Be present when the government sends their appraiser out to your property
  • Hire experts to provide a better evaluation of your home or business property
  • Handle your negotiations and, if needed, mediation to demonstrate to the DOT that you deserve more for your property
  • Navigate a jury trial if DOT chooses not to settle
  • Assist your business with other legal issues arising from your eminent domain case
  • Keep you updated on project progress, since these types of eminent domain projects can take years to finalize

Not all lawyers have experience with eminent domain cases. At Peterson & Myers, our expert eminent domain lawyer, Deborah Ruster, has over 30 years of experience with eminent domain cases, including over 20 jury trials. To learn more about Deborah’s experience, you can listen to our podcast on eminent domain here:

If you’d like to stay updated on any potential eminent domain projects near you, fill out the form below and we’ll be in touch soon.

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Upcoming Public Meetings About the Central Polk Parkway East Project

The Florida Department of Transportation (FDOT) and Florida’s Turnpike Enterprise (Enterprise) are conducting three Project Development and Environment (PD&E) studies for Central Polk Parkway East from US 27 to north of US 17/92.

Two public meetings are scheduled for August 2026. 

Tuesday, August 25, 2026, at the Lake Eva Event Center located at 799 Johns Avenue in Haines City, FL

Thursday, August 27, 2026, at the Tom Fellows Community Center located at 207 North Boulevard West in Davenport, FL.

You can learn more about attending these public meetings here.

FPID: 451419-3, 455878-1, and 455879-1


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