Eminent Domain - Know and Protect Your Private Property Rights

07/02/2025

City of St. Augustine files eminent domain case against property owners.
The city wants to build a seawall to alleviate flooding, but it needs the marsh edges of the two properties to proceed.

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Author: Jessica Clark
Published: 8:02 PM EDT July 1, 2025
Updated: 8:02 PM EDT July 1, 2025
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ST. AUGUSTINE, Fla. — The City of St. Augustine is now taking legal action to acquire private land to build a seawall.

Homeowners of two properties have not wanted to hand over the edge of their properties to the city for the seawall.

Lake Maria Sanchez is south of downtown St. Augustine. Over the last 20 years, even with minor storms, the lakes have flooded into roads and yards.

"This is the routine stuff that grinds people down. The normal flooding that we get on a routine basis downtown," St. Augustine City Manager David Birchim told First Coast News.

For years now, the city has wanted to build a seawall around the southern part of Lake Maria Sanchez as well as install special pumps to prevent flooding in the area.

Birchim said the effort will protect 200 properties downtown.

However, the city needed owners of five properties to allow the city to use the marsh edge of their properties to build the seawall. So far, three have agreed. But two have not. And so the city in June filed an eminent domain lawsuit against the property owners of those two properties. Four people are listed as owners of those two properties.

"And I'd like to make sure it's clear," Birchim said. "That we're pursuing eminent domain just for these easements, not to acquire the real estate. They will still remain private property.”

He noted the city wants the edge of their properties to build the seawall, the seawall will not be open to the public and the city will pay for it.

As for the rest of the two properties, such as the houses and yards, Birchim said, "It will still remain private property and there’s no diabolical plan to take anyone’s real estate."

The eminent domain is going through the legal process.

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