🚧⚖️ FDOT Right-of-Way Fee Estate Dispute — Dardashti vs. Clipper Bay | Mid-Peninsula | 2D14-305

Описание: Does Section 5 of Florida's eminent domain laws apply when FDOT acquires property in fee simple for right-of-way? Two conflicting decisions from Florida district courts say different things — and the Florida Supreme Court will settle it in the Clipper Bay case. This Florida Second DCA oral argument addresses that conflict as applied to FDOT's acquisition of property from Mid-Peninsula near US-19 and SR-338.

⚖️ THE CASE: The Florida Department of Transportation (FDOT) acquired a parcel of land from Mid-Peninsula for highway right-of-way and drainage purposes. A dispute arose over how compensation should be calculated — specifically, whether Section 5 of Florida's eminent domain statutes applies when FDOT takes property in fee simple (not just an easement). Dardashti (one district court decision) held that Section 5 does NOT apply to fee simple acquisitions. Clipper Bay (another district court decision) held that Section 5 DOES apply. The Florida Supreme Court's pending Clipper Bay decision will resolve this inter-district conflict.

FDOT, represented by Mark Peoples, argues: (1) the §334.021 definition of right-of-way in the Florida Transportation Code recognizes fee simple ownership; (2) the Clipper Bay (First DCA) correctly held that Section 5 applies; (3) the language of the statutes supports broader application. Mid-Peninsula, represented by Lance Curry, argues the contrary — that Dardashti is correct and Section 5 should not apply to this type of fee estate acquisition. The panel also addressed the property's access to US-19 and drainage/flood overflow across the disputed parcel.

📌 KEY LEGAL ISSUES ON APPEAL:
• Whether Section 5 of Florida's eminent domain statutes applies when FDOT takes property in fee simple for right-of-way
• Conflict between Dardashti (Section 5 not applicable to fee estate) vs. Clipper Bay (Section 5 applicable)
• Application of §334.021, Fla. Stat. — Florida Transportation Code definition of right-of-way
• Application of §177.3116, Fla. Stat. — Plat law definition of right-of-way

📌 PARTIES:
• Appellant: Florida Dept. of Transportation (FDOT) | Counsel: Mark Peoples
• Appellee: Mid-Peninsula (property owner) | Counsel: Lance Curry

📌 STATUTES & CASES CITED:
• §334.021, Fla. Stat. — Florida Transportation Code; right-of-way in fee
• §177.3116, Fla. Stat. — Right-of-way definition (plat law)
• Dardashti (Fla.) — Section 5 does not apply to fee estate
• Clipper Bay (Fla. 1st DCA) — Section 5 applies

📌 COURT: Florida Second District Court of Appeal | Case No. 2D14-305

#EminentDomain #FDOT #RightOfWay #FloridaAppellate #InverseCondemnation #FloridaLaw #2ndDCA #ClipperBay #Dardashti #PropertyRights

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