Eminent DomainLawNews

New Florida Statue 335.199

By February 3, 2011 No Comments

Florida Statutes Section 335.199 has been enacted as reflected in the attached Chapter 2010-281, Laws of Florida. The new statute was effective November 17, 2010 according to the attached Senate Joint Resolution 2010-10-A.

The new statute requires DOT to notify all affected property owners, municipalities and counties whenever a project on the State Highway System will divide the highway, erect median barriers that modify current turning movements or close/modify existing access.  The notification must occur at least 180 days prior to when the design is finalized.  DOT must hold at least one public hearing in the affected jurisdiction and determine economic impacts of the change.  The local government must be consulted on the design and is authorized to present alternatives.

The law was enacted as part of a mini-special session in November to revive several bills previously vetoed by Former Governor Charlie Crist. Among them, Senate Bill 1842 was approved as a veto override, creating Florida Statutes Section 335.199.

Laws of Florida 2010-281

Senate Joint Resolution 2010-10-A

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