A Charlotte County woman is fighting to save her property from a road expansion project.
The county plans to use eminent domain to acquire part of Deni Gerace’s land for the expansion of Edgewater Drive and the construction of a new roundabout at Edgewater and Pellam in Port Charlotte.
Credit: Lois Thome
“The roundabout is coming, whether we like it or not,” said Gerace, a longtime resident on Edgewater Drive.
The Gerace family has lived on Edgewater Drive for decades, but now they are facing the possibility of losing part of their property. The county has offered nearly $22,000 to purchase their back lot to build a retention pond, but the family does not want to sell.
“We started getting letters about the county wanting to buy our back lot,” said Gerace.
The family uses the back lot for parking, storing their boat, and a shed. They hope the county will consider other options instead of using eminent domain.
“This is vacant. This is vacant. This is vacant. This is vacant…this is vacant,” Gerace said, pointing out other available land.
Credit: Lois Thome
Paul Blucher, a lawyer not connected to Gerace, explained that the government uses eminent domain to secure land for projects that serve a public purpose.
“I have been an eminent domain attorney since 1990,” said Blucher. “And I’ve been successful probably five times in a long career, because you’re not going to be able to stop a project very often.”
The government uses eminent domain to secure land for projects meant for a public purpose.
“If a road widening in the government’s determination needs to be done, the courts are generally going to say, well, that is for a public purpose,” said Blucher.
Credit: Lois Thome
For Gerace, the issue is not about the money. She is worried about her family’s safety with the roundabout being so close.
“My biggest fear is I’m going to be sleeping in the bedroom with my daughter, and a car is going to do what they always do on the Edgewater roundabouts and go straight through and hit our house,” said Gerace.
Charlotte County has already purchased 378 of the 406 parcels needed for the project. However, Gerace hopes to prevent the county from taking her land.
“You’re going to take our front yard, our backyard, and we would never be able to sell our house,” said Gerace.
The county declined to be interviewed on the matter, citing potential pending litigation. Despite the odds, Gerace remains determined to keep her property.
Blucher recommends that anyone facing eminent domain hire experts. Florida law requires full compensation, including attorney fees and expert costs. For more insights on this issue, listen to Paul Blucher’s full interview.