TALLAHASSEE, Fla. — The Tallahassee City Commission has ordered emergency repairs to a deteriorating road in Southwood while also beginning the eminent domain process needed to secure right of way for long-delayed roadway improvements.
The unanimous decision Wednesday night followed a lengthy quasi-judicial hearing over the unfinished Orange Avenue and Biltmore Avenue extensions and months of complaints from Southwood residents about the condition of Orange Avenue.
Under the Southwood Development of Regional Impact, the Orange Avenue extension was required to be completed by Dec. 31, 2025. The Biltmore Avenue extension between Orange Avenue and Apalachee Parkway was required to begin construction by Dec. 31, 2025, with completion scheduled for Dec. 31, 2026. City staff said Orange Avenue was not completed and construction had not started on the Biltmore segment.
Residents repeatedly told commissioners the existing section of Orange Avenue has deteriorated to the point that large potholes force drivers to leave their lane or move toward oncoming traffic. One resident suggested the city close the road if it could not be repaired.
City will seek permission to begin emergency repairs
Mayor John Dailey proposed that city crews begin emergency repairs immediately and keep track of the city’s costs.
The plan encountered an immediate complication: city attorneys confirmed the deteriorating roadway is not a city-maintained road. It appears on city maintenance maps as a private road, meaning Tallahassee must first obtain authorization from the property owner before sending crews onto the property.
Dailey said he expected city staff and attorneys to approach Next Gen Family Group immediately to seek that permission.
The commission’s focus on repairs does not resolve the larger issue. Commissioner Jack Porter noted that patching potholes would not fulfill the development order requiring construction of the Orange Avenue and Biltmore Avenue extensions.
“This is not just about repairing a road,” Porter said. “This is about building two major roads.”
St. Joe says it is ready to build
The dispute is complicated by ownership of the land needed for the road.
The St. Joe Company maintains that it mistakenly transferred some of the property to Next Gen Family Group and is now in litigation over ownership. St. Joe’s attorney, Geary Hunter, told commissioners the company cannot build the road until it or the city has legal access to the right of way.
But Hunter also made an explicit commitment during Wednesday’s hearing.
Asked by Dailey whether St. Joe would build the road if the city obtained the necessary right of way, Hunter answered, “100%.” He said engineers have essentially completed the roadway design, subject to city approval.
Next Gen’s representative also told commissioners the company is willing to provide access for both the Orange Avenue and Biltmore Avenue projects.
Commission rejects sanctions
The commission stopped short of formally imposing the development-order sanctions sought by Commissioner Jeremy Matlow.
Matlow proposed finding violations involving both road projects, adopting the city’s enforcement resolution, adding two additional parcels, making emergency repairs and pursuing eminent domain only for the roadway right of way.
Under the city’s proposed enforcement resolution, a finding of violation would have suspended permitting on the affected properties until they were brought into compliance.
Matlow argued that sanctions and eminent domain should operate together to pressure both property owners to resolve the dispute and get the roads built.
Dailey opposed that approach, arguing that formally finding violations could trigger additional litigation and further delay construction.
Matlow’s substitute motion failed 3-2, with Dailey, Mayor Pro Tem Curtis Richardson and Commissioner Dianne Williams-Cox opposed.
Eminent domain limited to road right of way
After Matlow’s proposal failed, Dailey modified his original motion.
His initial proposal contemplated eminent domain involving a larger parcel, which he suggested could eventually become parkland. After objections from other commissioners, Dailey narrowed the proposal to only the right of way necessary to build the roads.
The city attorney told commissioners an eminent domain action will require the city to establish a public purpose and make an offer based on fair market value. That offer generally must remain outstanding for at least 30 days before the city can file a court proceeding.
The amended motion calls for:
Emergency repairs to the existing roadway, once the city obtains authorization to enter the private property.
Beginning the eminent domain process to obtain the right of way needed for the roadway projects.
Limiting the taking to roadway right of way rather than the larger parcel originally proposed.
Preparing the required eminent domain resolution.
The commission approved that plan unanimously, 5-0.
The action leaves the underlying ownership litigation unresolved, as well as questions about who will ultimately bear the city’s costs.
But after months of debate, commissioners made clear Wednesday that they want immediate action on the road while the legal disputes continue.
Mayor Pro Tem Richardson said residents should leave the meeting with one clear understanding: the road is going to be repaired.
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