What is a Murphy Deed?

For the past several years, Lake County has been widening CR 466A from the Sumter/Lake County line and US 27. In order to widen this section of CR 466A, Lake County has had to utilize property adjacent to the roadway. In a number of instances, Lake County has told the owners of property adjacent to CR466A, that while Lake County would be using a portion of their property to widen CR 466A, Lake County would not be compensating the owner for its use of the owner’s property. Lake County has contended that it does not need to provide compensation for the use of certain owners’ property because of a 200 foot wide reservation along CR 466A created by multiple 1940’s Murphy Deeds. So, what exactly is a Murphy Deed? Starting in the late 1920’s and extending through the 1940’s, the State of Florida took possession of hundreds of thousands – if not millions – of acres of property all across the State that had been abandoned by private owners due to the Great Depression. Eventually, the State’s legislators decided that rather than allow the State to maintain ownership over all the acquired property, it would be better to allow private individuals to purchase – and pay taxes on – the State’s recently acquired property for pennies on the dollar. The mechanism by which the State elected to convey its acquired property to private buyers came to be known as a “Murphy Deed”, so named after the Murphy Act (Chapter 18296, Laws of Florida, 1937) which created the conveyance mechanism. These Murphy Deeds conveyed ownership of tracts of land, formerly owned by the State, to private purchasers in fee simple, subject to certain reservations. These reservations would eventually allow the State to construct necessary public improvements (i.e. roads, canals, etc.) over Murphy Deeded property as the State’s population grew, without having to pay the owner of the property the compensation otherwise mandated by the State Constitution. How Does this Affect Lake County Property Owners and What Can Be Done? Our research indicates that multiple parcels of real property along CR 466A between the Sumter/Lake County line and US 27, were likely once a part of several larger tracts of property owned by the State. Eventually, the State conveyed those large tracts of property to private purchasers via Murphy Deeds. The specific language of these Murphy Deeds held that the State reserved for itself a total of 200 feet of right of way lying equally on either side of the center line of any state road then in existence. In other words, the State wanted to make sure that it – or any governmental body which the State conveyed its interest to – could widen an existing roadway without having to compensate the owner of the surrounding property for which it had conveyed ownership over. It is currently this firm’s position that many of the Murphy Deed reservations, on which Lake County has relied in coming to its above described position of non-compensation, are invalid. In short, this firm believes that during the early to mid-1940’s, when most of the Murphy Deeds to the subject matter properties were conveyed by the State, what is now CR 466A was not a state road. Why this is relevant is because the reservations in these early to mid-1940’s Murphy Deeds conditioned the reservation on what is now CR 466A being, at the time the Murphy Deed was conveyed, a state road. If CR 466A was not a state road at the time the Murphy Deed was conveyed, then no valid reservation to the State was created. If a court were to be persuaded as to the correctness of this firm’s above contentions, then Lake County would be obligated, under Florida law, to compensate the property owners for those portions of their property Lake County used to widen CR 466A. If you believe you or someone you know may have been impacted by Lake County’s reliance on a Murphy Deed, please contact our offices at 407.228.9522 or email by clicking HERE.  

The Florida Department of Transportation ("FDOT") is conducting a study to evaluate alignments for a proposed asphalt multi-use trail facility that will link the Van Fleet Trail to the South Lake Trail Phase I (Clermont/Minneola Trail). Known as South Lake Trail Phases III and IV, the alignment of this new trail facility may largely follow the abandoned Seaboard Coastal Railroad corridor. The multi-use trail will extend from the Van Fleet Trail in Sumter County, to the western terminus of South Lake Trail Phase I at West Beach on the southwestern shore of Lake Minneola in Clermont in Lake County, a distance of approximately 14 miles. Phase IV is an 8.0 mile trail that begins at Van Fleet Trail (Withlacoochee State Forest, Sumter County) and ends at Villa City Road (Groveland, Lake County). FDOT has budgeted $9.2 million for Right-of-Way acquisition and $13.8 million for construction. Construction is scheduled to begin Summer 2024. Project Link: FDOT Project Info (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) Maguire Lassman Silberngael, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to governmental Right-of-Way maps. If you own property in a proposed project corridor and you have any questions or concerns regarding same or general eminent domain law, please contact Maguire Lassman Silbernagel, P.A.'s office by email at Ben@Maguire-EminentDomain.com or by telephone at (407)-228-9522.

The Florida Department of Transportation ("FDOT")  is conducting a study to evaluate alignments for a proposed asphalt multi-use trail facility that will link the Van Fleet Trail to the South Lake Trail Phase I (Clermont/Minneola Trail). Known as South Lake Trail Phases III and IV, the alignment of this new trail facility may largely follow the abandoned Seaboard Coastal Railroad corridor. The trail will extend from the Van Fleet Trail in Sumter County, to the western terminus of South Lake Trail Phase I at West Beach on the southwestern shore of Lake Minneola in Clermont in Lake County, a distance of approximately 14 miles. Phase III begins at 2nd Street and ends at Silver Eagle Road. FDOT has budgeted over $5 million for the anticipated eminent domain takings. Eminent domain acquisition is expected to commence in late 2018 and finish in 2023. Construction is scheduled to begin Summer 2024. Project Links: FDOT Project Info (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) Maguire Lassman Silberngael, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to governmental Right-of-Way maps. If you own property in a proposed project corridor and you have any questions or concerns regarding same or general eminent domain law, please contact Maguire Lassman Silbernagel, P.A.'s office by email at Ben@Maguire-EminentDomain.com or by telephone at (407)-228-9522.

The Florida Department of Transportation ("FDOT") is currently conducting a Project Development and Environment Study ("PD&E") to consider improvements to County Road 470 from County Road 527 to the Florida Turnpike (State Road 91), a distance of approximately 10.6 miles. This project will take place in Sumter and Lake Counties. The recommended alternative would include a 4-lane divided roadway for improved traffic flow as population increases. Right-of-Way acquisition is expected to cost $24.5 million, and Construction is expected to cost $75 million. Project Link: FDOT Project Site (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here)   Maguire Lassman Silberngael, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to governmental Right-of-Way maps. If you own property in a proposed project corridor and you have any questions or concerns regarding same or general eminent domain law, please contact Maguire Lassman Silbernagel, P.A.'s office by email at Ben@Maguire-EminentDomain.com or by telephone at (407)-228-9522.

Lake County Department of Public Works is currently undergoing a detailed comparison analysis of two realignment alternatives. The project will take place from Adair Avenue to State Road 44, a distance of 4.5 miles. The project will include multi-modal improvements (bike lanes, sidewalks, trails), safety improvements, and traffic operation improvements. Right-of-Way acquisition and construction dates have not yet been determined. (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) Maguire Lassman, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to Lake County’s Right-of-Way maps. If you own property in Lake County that may be affected by the County Road 437 Realignment project and you have any questions or concerns about Lake County’s recently released maps or Florida eminent domain law, please contact Maguire Lassman, P.A.’s office manager, Teri L. Alligood, by email at Teri@Maguire-EminentDomain.com or by telephone at (888) 216-6870.

The Florida Department of Transportation ("FDOT") is building nearly 6 miles of limited access toll road largely along the existing SR 46 corridor from SR 429 to just west of Longwood-Markham Road. This project is a design-build project, meaning that Construction has begun and Final Design is ongoing. The project includes a non-tolled service road for local travel, a new bridge over the Wekiva River, and several wildlife bridges. FDOT has budgeted more than $38.3 million in right-of-way acquisition funds to complete the project. Construction began October 2017 and is expected to be completed in Spring of 2021. Project Links: Wekiva Parkway Sect 6 Homepage (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) [caption id="attachment_341" align="alignleft" width="932"] (Click Image for PDF Version)[/caption] Maguire Lassman, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to FDOT’s preliminary Roadway Plans. If you own property in Lake County that may be affected by the Wekiva Parkway Section 6 and you have any questions or concerns about FDOT’s recently released maps or Florida eminent domain law, please contact Maguire Lassman, P.A.’s office manager, Teri L. Alligood, by email at Teri@Maguire-EminentDomain.com or by telephone at (888) 216-6870.

The Florida Department of Transportation ("FDOT") and Lake County have begun preliminary planning for replacement of the State Road 44 bridge which goes over the St. Johns River. The current bridge would be replaced with a high level fixed span bridge. This project is currently in the design phase. A public information meeting is currently scheduled for August 15, 2018. The project is set to begin construction in summer of 2020. Project Links: FDOT Project Description (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) Maguire Lassman, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to FDOT’s recently released Right-of-Way Maps. If you own property in Lake County that may be affected by the State Road 44 Bridge #110063 and you have any questions or concerns about FDOT’s recently released maps or Florida eminent domain law, please contact Maguire Lassman, P.A.’s office manager, Teri L. Alligood, by email at Teri@Maguire-EminentDomain.com or by telephone at (888) 216-6870.

The Florida Department of Transportation (“FDOT”) is currently in the Design phase of a project to widen and reconstruct SR 500 (US 441) from SR 44 to north of SR 46 in Lake County. The proposed roadway typical section for the project is a six-lane high speed urban roadway with bicycle lanes, curb and gutter, and sidewalks. Additionally, the existing pavement would be milled and resurfaced. Right-of-way acquisition is anticipated to accommodate for stormwater ponds, drainage easements, and intersection improvements. The project is currently on hold until funding is available for construction. Right-of-way acquisition is scheduled to begin in either 2019 or 2020. Project Links: FDOT Project Homepage (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) Project Map:   Maguire Lassman, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to FDOT’s preliminary Roadway Plans. If you own property in Lake County that may be affected by the SR 500 (US 441) from SR 44 to S OF SR 46 project and you have any questions or concerns about FDOT’s recently released maps or Florida eminent domain law, please contact Maguire Lassman, P.A.’s office manager, Teri L. Alligood, by email at Teri@Maguire-EminentDomain.com or by telephone at (888) 216-6870.  

The Florida Department of Transportation (“FDOT”) is building Sections 3A and 3B of the Wekiva Parkway simultaneously. Both are part of non-tolled road improvements related to the Wekiva Parkway (SR 429). The project goes along State Road 46 from east of Vista View Lane to east of Round Lake Road. The project is 1.4 miles long and will widen SR 46 to six lanes. Additionally a small portion of Round Lake Road will also be widened. Construction began October 30, 2017 and is expected to be completed Spring 2020. Project Links: Wekiva Parkway Sect 3A Homepage (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) Maguire Lassman, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to FDOT’s recently released Right-of-Way Maps. If you own property in Lake County that may be affected by the Wekiva Parkway Section 3A and you have any questions or concerns about FDOT’s recently released maps or Florida eminent domain law, please contact Maguire Lassman, P.A.’s office manager, Teri L. Alligood, by email at Teri@Maguire-EminentDomain.com or by telephone at (888) 216-6870.

The Florida Department of Transportation (“FDOT”) is currently realigning 2.5 miles of County Road (CR) 46A from north of Arundel Way to connect to SR 429 east of Camp Challenge Road. The goal of this project is to relocate a portion of CR 46A out of the Seminole State Forest and reduce the risk of conflicts between vehicles and wildlife. This is a non-tolled project that includes roadway widening, medians, turn lanes, drainage, lighting, sign and pavement markings, and utilities. Construction began June 5, 2017 and is expected to be completed Summer 2019. Project Links: Wekiva Parkway Sect 5 Homepage (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) Maguire Lassman, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to FDOT’s recently released Right-of-Way Maps. If you own property in Lake County that may be affected by the Wekiva Parkway Section 5 and you have any questions or concerns about FDOT’s recently released maps or Florida eminent domain law, please contact Maguire Lassman, P.A.’s office manager, Teri L. Alligood, by email at Teri@Maguire-EminentDomain.com or by telephone at (888) 216-6870.

The Florida Department of Transportation (“FDOT”) is building Sections 3A and 3B simultaneously as part of non-tolled road improvements related to the Wekiva Parkway (SR 429). Section 3B runs along SR 46 from west of U.S. 441 to east of Vista View Lane, and along U.S. 441 from north of Natoma Boulevard to the Lake-Orange County Line in Mount Dora. This project is 2.4 miles long and will convert the current U.S. 441/SR 46 interchange into a signalized intersection with a flyover ramp. Additionally, both roads will be widened to six lanes. Construction began October 30, 2017 and is expected to be completed in Spring 2020. Project Links: Wekiva Parkway Sect 3B Homepage (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) Maguire Lassman, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to FDOT’s preliminary Roadway Plans. If you own property in Lake County that may be affected by the Wekiva Parkway Section 3B and you have any questions or concerns about FDOT’s recently released maps or Florida eminent domain law, please contact Maguire Lassman, P.A.’s office manager, Teri L. Alligood, by email at Teri@Maguire-EminentDomain.com or by telephone at (888) 216-6870.

Lake County is currently researching a roadway project to expand Citrus Grove Road from 2 lanes to 4 lanes between US 27 and Founders Ridge. The project includes bicycle lanes, sidewalks, and a multi-use trail, and would provide access between US 27 and the Turnpike Interchange. The Design phase is set to begin in October 2017 and will be completed in September 2018. Construction is expected to begin September 2018 and end in 2020. Lake County expects to spend about $2 million on Right-of-Way acquisition. Project Link: Lake County Design Projects (For a property owner list, project schedule, or detailed funding information, please contact our office by clicking here) Maguire Lassman, P.A., a Florida law firm that represents property owners faced with the potential acquisition of their property through eminent domain, has access to Lake County’s Right-of-Way maps. If you own property in Lake County that may be affected by the Citrus Grove Road Phase III  project and you have any questions or concerns about Lake County’s recently released maps or Florida eminent domain law, please contact Maguire Lassman, P.A.’s office manager, Teri L. Alligood, by email at Teri@Maguire-EminentDomain.com or by telephone at (888) 216-6870.