FDOT Road Widening: Concrete Batch and Block Plant with Regional Office (Orange County, FL)
In 2008, Mr. Brigham, while a partner with the predecessor firm of Brigham Moore, LLP, represented Florida Rock Industries Vulcan Materials in a partial taking of its Central Florida Regional Office and industrial campus (concrete block and batch plant). The Florida Department of Transportation (“FDOT”) employed the eminent domain power to take a substantial amount of frontage from Florida Rock Industries’ property as it converted two-lane Carder Road into an extension of S.R. 423, John Young Parkway.
FDOT initially offered $2,500,000. As part of the severance damages resulting from the taking, Florida Rock Industries had to relocate its main office and dispatch requiring the construction of a new office on the other side of its industrial property. The new office was larger and demonstrated the use of various building material products in its construction. Negotiations centered not only on the extent to which FDOT should pay for the new office building, but also addressed reduction in the block storage areas, the vehicular circulation on-site, cell tower lease, and a railroad crossing agreement.
After exchange of expert reports detailing alternative plans to “cure” damages resulting from the taking, and two full days of mediation, Mr. Brigham was able to resolve the case for $7,400,000.