Right of Way & Asset Management (ROW)

Right of Way & Asset Management is responsible for acquiring the real property or property rights (right of way) necessary for the construction of the County’s transportation facilities.

Properties, including land and easements, are acquired through negotiation or condemnation (Eminent Domain) and are closely governed by the Florida Constitution which provides that property may not be taken for public purposes without the payment of full compensation. Full compensation requires that the property owner be made whole or fully compensated for all losses caused by the taking. This includes the value of the property taken, damages to the remainder property, costs to cure such damages, and reimbursement for statutory attorney fees and reasonable expert costs. In certain circumstances, business damages must also be paid. Ref: Florida Statutes 73.015

For more information, please contact the Right of Way & Asset Manager at 407-742-0502 or email RealEstateManagement@osceola.org.

For more information on County Road Projects, please visit Transportation and Transit.

Acquisition Process

1. Planners identify need for additional roadway and stormwater management capacity.
2. Professional engineers develop construction plans for the proposed improvements.
3. Right-of-way acquisition specialists conduct a field review to determine the impact on private property.
4. Property owners are usually contacted at 60% design stage when legal descriptions and sketches of the required right-of-way are prepared.
5. State certified real estate appraisers develop estimates of the full compensation to be offered to property owners from whom land or easements are required.
6. Written offers to purchase are mailed or hand delivered to property owners.
7. Once an agreement is reached, a written purchase agreement is prepared and once fully executed, culminates in a typical real estate closing.
8. If no agreement is reached, the County may have to condemn the property to keep construction of the project on schedule. See Eminent Domain and Condemnation Process.

Eminent Domain and Condemnation

Eminent Domain is the power of the government to take property for public use.

Condemnation is the legal process by which private property is acquired under the power of eminent domain.

1. At County level, only the Board of County Commissioners may authorize condemnation proceedings.
2. Where land or easements are condemned or “taken” through eminent domain, requirements are that the taking is necessary and for a public purpose, and the County is prepared to deposit a good faith estimate of full compensation in the court registry.
3. If these requirements are met, the court will issue an order of taking and, upon deposit of the good faith estimate of full compensation, title to the property passes to the condemning authority.
4. Final compensation is finalized by future settlement negotiations or a jury trial.
5. Statutory provisions governing the power of eminent domain may be found in Chapters 73, 74 and 127 of the Florida Statutes.

GIS Maps

View interactive maps for zoning districts, FEMA flood zones, County parks, trash pickup, and more at maps.osceola.org.