Reading Time: 4 minutes
Once property owners learn that the government has the power to take private land for public use, the next question they ask is often more urgent: Who exactly has this power—and under what authority? In Florida, the answer is broader than many people expect. This article continues our eminent domain series by breaking down the types of entities that can legally initiate a taking and the statutes that authorize them to do so.
Florida’s Constitutional and Statutory Framework
The Florida Constitution provides the overarching rule: private property may only be taken for a public purpose and only with full compensation. See Article X, Section 6. But the Constitution does not limit eminent domain to state agencies alone. Florida law delegates this authority through specific statutes to a wide variety of entities, including counties, cities, school boards, utility providers, and special-purpose districts. Each is required to follow procedural safeguards established under Chapter 73 and Chapter 74 of the Florida Statutes.
State Agencies
Several state-level agencies have direct condemnation authority, most notably the Florida Department of Transportation (FDOT). FDOT regularly exercises eminent domain to expand roads, improve interchanges, and build rail corridors. Its actions are governed by a combination of Chapter 337 and the general condemnation procedures outlined in Chapters 73 and 74.
Other state-level entities with condemnation authority include:
- Department of Environmental Protection (land conservation and easements)
- Department of Agriculture (when acting in coordination with water management initiatives)
Counties and Municipalities
Florida’s counties and cities derive their condemnation authority from Article VIII, Section 1 of the state constitution, which grants them broad home rule powers. These powers are operationalized through local ordinances and planning authorities, but any use of eminent domain must still comply with statutory procedures. Common municipal and county projects involving eminent domain include:
- Public road realignment
- Parks and green space development
- Wastewater and stormwater infrastructure
- Local transit expansions
Each local government must formally identify a public purpose, make a presuit offer as required by Florida law, and initiate judicial proceedings if an agreement cannot be reached.
Community Redevelopment Agencies (CRAs)
Florida cities and counties can establish CRAs to address slum and blight. These agencies are authorized to redevelop designated areas using tools such as tax increment financing and, in some cases, eminent domain. However, after the controversial ruling in Kelo v. City of New London, Florida voters passed a constitutional amendment restricting the use of eminent domain for economic development. Under § 73.013, CRAs can no longer transfer condemned property to private parties unless approved by a supermajority vote in the legislature.
School Boards
School boards across Florida have express authority to use eminent domain to acquire land for educational facilities. This includes land for new schools, administrative offices, bus depots, and athletic fields. Though the purpose is often noncontroversial, the location and size of school takings can trigger litigation, especially in densely populated areas or near protected environmental zones.
Special Districts and Authorities
A wide variety of specialized government entities have limited-purpose condemnation powers. These include:
- Water Management Districts, authorized under Chapter 373, often for flood control or wetlands restoration
- Transportation authorities, such as the Miami-Dade Expressway Authority, which manage toll roads and transit infrastructure
- Airport and Port Authorities, which may need to acquire land for expansions or logistics facilities
- Public Utility Commissions, overseeing public water, gas, or power systems
Each of these entities must still demonstrate public necessity and follow due process, including good faith offers, statutory notice, and judicial approval.
Private Utilities and Corporations with Delegated Powers
Some private corporations are permitted to exercise eminent domain under state law when building infrastructure that serves a public need. Examples include:
- Electric utilities expanding transmission corridors
- Pipeline companies securing right-of-way for natural gas or oil infrastructure
- Telecommunications carriers installing fiber or towers
Their authority generally stems from statutes like § 361.01, which permit certain private companies to act in a quasi-governmental capacity.
However, courts strictly scrutinize such takings to ensure the project serves a legitimate public purpose and that the condemnation is not primarily for private gain. See Tampa-Hillsborough County Expressway Authority v. A.G.W.S. Corp., 640 So. 2d 54 (Fla. 1994).
Know Who You’re Dealing With
The name on the letter you receive isn’t always the name of the entity holding the actual condemnation authority. Some projects involve interlocal agreements, joint ventures, or delegated powers that may obscure who is legally acting. Before taking action, identify the true source of the eminent domain authority.
Ask:
- Is this a public entity or a private corporation with delegated powers?
- Which statute are they claiming authority under?
- Have they complied with notice and offer requirements?
- Is this a quick take under Chapter 74, or a traditional action under Chapter 73?
This information determines not just how the process will unfold, but also what defenses and compensation rights you may have.
Conclusion
Eminent domain in Florida involves more players than most property owners realize. While all must meet the same basic constitutional requirements, their goals, procedures, and legal justifications can vary widely. Knowing exactly who is attempting to take your property is the first step in asserting your rights. The sooner you understand the source of authority, the sooner you can protect what’s yours.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes.