Florida focused educational resource on eminent domain and property rightsGet Help
Home / Project Types / Utility projects and eminent domain in Florida

Project Types

Utility projects and eminent domain in Florida

Water, sewer, power and pipeline corridors, the easements they take, and what they leave you with.

Get Help Understand easements

Utility acquisitions in Florida are usually easements rather than outright purchases. The company takes the right to install and maintain its facilities across a defined strip, and you keep ownership of the ground subject to that right.

That distinction matters less than owners expect. An easement prohibiting structures, restricting planting and permitting access at any time can remove most of the practical value of the land it crosses.

The short answer

Read the easement, not just the figure. Width, permitted use inside the strip, who may enter and whether facilities can later be added are all terms, and they decide what it costs you.

The terms that decide the value

How wide, and can it grow?

A fixed width is one thing. A right to a corridor the company may later widen is another.

What may you still build or plant?

Restrictions on structures, paving, fencing, ponds and trees all narrow what the strip is worth to you.

Where is the access?

A right of entry across the rest of your land, rather than along the corridor, spreads the burden well beyond the strip.

Is it exclusive?

A non exclusive easement permitting continued use is materially less damaging than one that is not.

Frequently asked questions

Can a private utility take my property in Florida?

Certain utilities and similar entities hold condemnation authority for defined purposes. Under chapter 74 a private entity using the order of taking procedure must deposit double the estimate of value that a public body would deposit.

Do I keep ownership of the land under an easement?

Generally yes. You retain the fee and the utility holds the rights described in the easement. What those rights permit is the whole question.

How is an easement valued?

Through the same framework as any partial taking. The value of the interest acquired is one question, the effect on the rest of the property is a separate one.

Should the easement have an end date?

A temporary construction easement should. A permanent easement does not, which is exactly why its terms deserve close reading before signature.

Understand your property situation before the next step

Explore Florida resources matched to your property type, the project affecting it, and the stage you have reached.

Get Help
Scroll to Top