Article Detail

News & Knowledge

What Proposed Infrastructure Funding Could Mean for Central Florida Landowners

January 31, 2023

Logan Opsahl

This week, Governor DeSantis announced his Moving Florida Forward initiative, which focuses on expediting transportation projects over the next four years. As a result, Central Florida is poised to receive record infrastructure investment. However, property and business owners in the path of these improvements could be greatly affected by this road construction. 

If passed by the legislature, the initiative would invest more than $4 billion of the State’s general revenue by redirecting an estimated $131 million in annual funding to the State Transportation Work Program. Current proposals include additional funding that could total up to $7 billion in infrastructure investments.

Information from the Governor’s Office suggests that the following Central Florida projects may benefit from the extra funding:

  1. Interstate 4 from Champions Gate to Osceola Parkway ($1.45 billion)
  2. Poinciana Parkway Extension Connector from County Road 534 to State Road 429 ($1.31 billion)
  3. Interstate 4 at State Road 33 interchange ($197 million)
  4. Interstate 4 from U.S. 27 to Champions Gate ($635 million)

Given the state’s historic net migration and rapid tourism growth, the proposal is set to accelerate existing and planned road projects within the Sunshine State. In outlining the proposal, Governor DeSantis stated that “[e]xpediting these projects will bring them to completion more than a decade ahead of schedule.”

If your property may be affected by these road projects or others, contact our experienced eminent domain attorneys to learn more about your legal rights and options.


This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
Logan

Logan Opsahl is an attorney in the firm’s Real Estate Department who focuses his practice on commercial real estate transactions, land use, eminent domain and local government issues. He represents developers, homebuilders, landlords, tenants and franchisees in a wide range of matters involving the acquisition, disposition, development and leasing of commercial real estate.

A third-generation Floridian, Logan is passionate about real estate development initiatives within the state, and he enjoys assisting clients navigate all aspects of real estate transactions, ranging from simple, straightforward deals to highly complex ones. He routinely handles the drafting and negotiation of purchase and sale agreements, as well as retail and office leases. He also has extensive experience counseling clients on development agreements, site plan requirements and other development matters.

A significant portion of Logan’s practice focuses on the representation of both property and business owners against condemning authorities regarding the taking of property for projects related to road widenings, highway construction, natural gas pipelines and powerlines. He has successfully represented the interests of both landlords and tenants in a variety of eminent domain matters, including the taking of commercial properties, residential properties, agricultural properties, gas stations, HOA properties and vacant land.

Prior to joining Lowndes, Logan gained broad experience in municipal law and land use matters while serving as assistant city attorney and police local advisor to the City of Ocoee, where he reviewed development applications and provided legal counsel to city staff.

Logan earned his law degree, as well as a certificate in environmental and land use law, from the University of Florida Levin College of Law. While attending law school, he was a member of Florida Blue Key and served as vice president of the Florida Moot Court Team and vice president of community service of the John Marshall Bar Association. He also served as a clerk for Justice Ricky Polston of the Supreme Court of Florida and worked in the General Counsel’s Office to Florida’s Chief Financial Officer. He holds an undergraduate degree in both economics and political science from Florida State University.

In his free time, Logan enjoys fishing, boating, surfing, hiking and just spending time in the great outdoors of Florida.

S. Brendan

A Virginia native originally with aspirations to become a journalist, Brendan Lynch fell in love with Florida and has made it his home since 2005. He represents both commercial and residential property land owners, as well as tenant business owners, in issues of property tax valuation and eminent domain/condemnation.

Brendan assists property owners throughout Florida with their property tax appeals, including assessment reviews, direct negotiations with county property appraisers, appeals to the Value Adjustment Board, and trial and appellate court proceedings. His clients include apartment projects, big box stores, condominiums, commercial strip centers, hotels, residences, student housing, vacant land, and other retail buildings.

With broad experience handling many different types of exemption applications, Brendan often assists clients from the application stage through challenges, to denial of any exemption, through trial and appellate court proceedings. These exemption applications include agricultural, conservation easements, healthcare, homestead, military housing, non-profit, religious, and senior living.

Typically, the eminent domain cases involve a governmental entity (Florida Department of Transportation, county, city, expressway authority, or other state agency) or private utility with condemnation powers seeking to take land from the property owners. Interestingly, Brendan has also represented condemning authorities on special projects – bringing a perspective from both sides of the table.

Brendan’s love for his adopted hometown of Orlando is reflected in his commitment to the community and its cultural diversity. A long-time advocate for the arts and former chair of the United Arts of Central Florida’s Board of Directors, Brendan helped steer the largest Collaborative Campaign in the organization’s history (over $3 million). He has also served in leadership roles for the Adult Literacy League, the Orange County Teen Court, and the Heart of Florida United Way.

Brian

Brian Smith counsels property and business owners across Florida through every stage of the often complex and confusing eminent domain and condemnation process.

Eminent domain has been called “one of the harshest proceedings known to the law” by Florida’s courts. Peavy-Wilson Lumber Co. v. Brevard County, 31 So. 2d 483 (1947). For many Floridians, receiving the condemning authority’s Notice to Owner is the first time they learn that the government even has this power to take property.

Encountering such a challenging legal process, clients across Florida have trusted Brian’s guidance and representation in eminent domain matters for over 14 years. An experienced advisor is a property owner’s best asset when presented with the unwelcome reality of governmental takings.

Every property (and its owner) is unique, as are the issues presented by each taking. Brian approaches each matter by listening to his client’s story and seeking to understand their objectives. Only after that does he assemble a tailor-made team of experts to address the issues created by the taking and pursue the best outcome possible. Brian’s mission is to protect his client’s property rights and ensure that the government fully compensates them for the taking.

Brian has handled eminent domain cases for clients owning a variety of property types and uses, including:

  • Agricultural Land
  • Banks
  • Cellular Towers
  • Churches
  • Commercial Strip Centers
  • Condominiums
  • Convenience Stores
  • Fast Food Restaurants
  • Full-Service Restaurants
  • Gas Stations
  • Hotels
  • Industrial Parcels
  • Mining Operations
  • Multi-Family Residential
  • Multi-Tenant Office
  • National Grocery Stores
  • Nurseries
  • Outparcels
  • REITs
  • Single-Family Residential
  • Timeshare Developments
  • Warehouses
Meritas Law Firms Worldwide logo