, Fla. — Orange County Mayor Jerry Demings says the county is looking to hire outside attorneys to fight efforts by the Central Florida Expressway Authority (CFX) to take county-owned land for a proposed toll road through eminent domain.
CFX plans to build State Road 534, a 14-mile toll road designed to relieve congestion on Narcoossee Road.
A little over a mile would cut through Split Oak Forest, a protected conservation area.
It would also cross through a portion of Eagles Roost Park, an Orange County-owned park adjacent to the preserve.
CFX said the road would provide traffic relief in a rapidly growing area of southeast Orange County, particularly Narcoossee Road.
Residents say they’re willing to accept difficult tradeoffs if it means easing congestion, even if that includes building through conservation land.
“You can hate it, but we’ve got to get something,” said Nadja Graham.
According to a memo written by CFX’s general counsel, the authority plans to file eminent domain action for portions of Eagles Roost for the SR-534 project as early as Feb. 9.
CFX’s board declared roughly 44 acres of land in Orange County necessary for acquisition for the SR-534 Project. This includes just under three acres of land within Eagles Roost, a 232-acre park.
Mayor Demings said in a letter sent to county commissioners Tuesday that Orange County is looking to retain outside legal counsel to fight CFX’s potential use of eminent domain to take portions of the park.
Demings wrote that hiring outside attorneys would help avoid any “potential political entanglements.” He noted that the County Attorney’s Office is already lean on staffing.
The Mayor’s decision comes after District 5 County Commissioner Kelly Martinez Semrad sent a memo to the Mayor and commissioners requesting outside counsel.
Semrad’s actions came after comments the Orange County Attorney’s Office made during a Jan. 13 Commission meeting. She said an attorney warned the county would likely lose a legal challenge.
“A public purpose is a road, and that has consistently been found to be a public purpose,” said attorney Debra Babb-Nutcher said. “For us to spin our wheels and waste our time. I’ll do what you want.”
County Commissioner Kelly Semrad said those comments are exactly why she asked the mayor to seek outside legal representation.
Semrad and other county leaders argue transferring any portion of Eagles Roost or other protected land goes against the intent of a 2024 voter-approved charter amendment. The amendment requires a supermajority vote of the County Commission to sell, transfer, or change the use of county-protected lands.
Nearly 80% of voters approved the amendment, and more than 86% voted to protect land adjacent to Split Oak Forest.
Semrad said the issue is about honoring the will of voters.
“It’s super important for voters to still have public confidence that when we check a box in a ballot, when we go to vote, that our vote means something and I think voters deserve a fighting chance and a full defense that believes in the people,” Semrad said.
CFX declined to comment for this story.
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