The Florida Senate

348.994  Acquisition of lands and property.--

(1)  For the purposes of this part, the Southwest Florida Expressway Authority may acquire private or public property and property rights, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation by eminent domain proceedings, as the authority may deem necessary for any of the purposes of this part, including, but not limited to, any lands reasonably necessary for securing applicable permits, areas necessary for management of access, borrow pits, drainage ditches, water retention areas, rest areas, replacement access for landowners whose access is impaired due to the construction of a facility, and replacement rights-of-way for relocated rail and utility facilities, for existing, proposed, or anticipated transportation facilities on the Southwest Florida Transportation System or in a transportation corridor designated by the authority. The authority shall also have the power to condemn any material and property necessary for such purposes.

(2)  The right of eminent domain herein conferred shall be exercised by the authority in the manner provided by law.

(3)  When the authority acquires property for a transportation facility or in a transportation corridor, it is not subject to any liability imposed by chapter 376 or chapter 403 for preexisting soil or groundwater contamination due solely to its ownership. This section does not affect the rights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The authority and the Department of Environmental Protection may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the authority.

History.--s. 1, ch. 2005-154.