CFX offers land purchases/easements for Orange County conservation parcels; board debates pre-suit options
January 13, 2026 | Orange County, Florida
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Orange County legal staff told commissioners on Jan. 13 that the Central Florida Expressway Authority (CFX) delivered four written acquisition offers covering multiple county parcels, including a 19.88-acre portion of a conservation easement tied to Eagles Roost and several smaller parcels or easements needed for State Road 534.
Deborah Babnotcher, senior assistant county attorney with eminent-domain experience, briefed the board on the statutory process. She said CFX's writing identified parcel IDs and whether the authority seeks fee-simple acquisition or perpetual easements; under Florida law the condemning authority must make a written monetary offer and the county has 30 days to respond or request appraisals and plans. "They have the right to file suit and the first crucial litigation step is an order-of-taking hearing," Babnotcher said. "If the judge grants the order of taking and the judge will most likely grant it, CFX would be required to deposit the funds in the court registry and once they do that they are the owner of the property."
County staff recommended the board consider options including requesting CFX's supporting appraisals and construction/right-of-way maps, hiring independent appraisers at CFX expense, seeking pre-suit mediation to pursue creative, non‑monetary settlements, or forcing CFX to file and defending necessity and public purpose at an order-of-taking hearing. Commissioners debated whether to ask for pre-suit mediation (which would pause suit filing) or to take a more confrontational posture. The transcript records that motions to pursue presuit mediation and alternative motions did not win unanimous support; county attorneys cautioned that defeating a condemning authority's claim of public necessity is difficult in Florida and that juries can only award money, not exchange land for mitigation.
What the board said: Commissioners stressed the importance of protecting conservation values, preserving the public's trust in charter protections, and exploring mediation possibilities that could secure mitigation land, credit for other properties, or other creative remedies. Staff noted the county can request the CFX appraisals, hire independent appraisers at CFX expense if necessary, and that any settlement would come back to the board for approval.
What happens next: The county has statutory time windows to respond to the offers and staff asked for board guidance on whether to pursue pre-suit mediation, obtain appraisals, or prepare for litigation. The docket and transcript show active, unresolved debate; staff will report back with the appraisals and recommended next steps under the statutory timeline.
Deborah Babnotcher, senior assistant county attorney with eminent-domain experience, briefed the board on the statutory process. She said CFX's writing identified parcel IDs and whether the authority seeks fee-simple acquisition or perpetual easements; under Florida law the condemning authority must make a written monetary offer and the county has 30 days to respond or request appraisals and plans. "They have the right to file suit and the first crucial litigation step is an order-of-taking hearing," Babnotcher said. "If the judge grants the order of taking and the judge will most likely grant it, CFX would be required to deposit the funds in the court registry and once they do that they are the owner of the property."
County staff recommended the board consider options including requesting CFX's supporting appraisals and construction/right-of-way maps, hiring independent appraisers at CFX expense, seeking pre-suit mediation to pursue creative, non‑monetary settlements, or forcing CFX to file and defending necessity and public purpose at an order-of-taking hearing. Commissioners debated whether to ask for pre-suit mediation (which would pause suit filing) or to take a more confrontational posture. The transcript records that motions to pursue presuit mediation and alternative motions did not win unanimous support; county attorneys cautioned that defeating a condemning authority's claim of public necessity is difficult in Florida and that juries can only award money, not exchange land for mitigation.
What the board said: Commissioners stressed the importance of protecting conservation values, preserving the public's trust in charter protections, and exploring mediation possibilities that could secure mitigation land, credit for other properties, or other creative remedies. Staff noted the county can request the CFX appraisals, hire independent appraisers at CFX expense if necessary, and that any settlement would come back to the board for approval.
What happens next: The county has statutory time windows to respond to the offers and staff asked for board guidance on whether to pursue pre-suit mediation, obtain appraisals, or prepare for litigation. The docket and transcript show active, unresolved debate; staff will report back with the appraisals and recommended next steps under the statutory timeline.
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