Seminole County authorizes eminent-domain resolution to preserve $3.9 million FEMA grant for Hillview Drive drainage project

Seminole County commissioners on Feb. 25 authorized staff to make binding written offers and adopt a resolution of necessity to acquire property for the Hillview Drive drainage improvement project, a move county staff said is required to preserve roughly $3.9 million in FEMA Hazard Mitigation Grant Program funding. The motion passed unanimously.

County officials say the Hillview Drive project, prompted by resident flooding complaints in 2016, will convert the roadway to curb-and-gutter, add storm inlets and pipes and build sidewalks and a stormwater pond designed to move runoff off the road and treat it rather than allowing it to sit untreated along the roadside.

Public Works project manager Joseph Lofaso told the board the project has been under design and partially under construction since 2019; the stormwater pond portion was completed in July 2023. When construction reached the road corridor in August 2023, staff discovered right-of-way discrepancies. After about 18 months of negotiations, Lofaso said, talks with owners of 17 parcels stalled, and the FEMA grant timeline — which expires in February 2026 with a single possible extension to July 2026 — left little time to pursue other options.

"If we need to accomplish this project in a timely manner to keep that $3,800,000 in funding, we will have to proceed with a resolution of necessity in order to use the eminent domain power to acquire that property," Lofaso told the board. He said the total construction cost is currently estimated at $4.8 million, of which $3.9 million is covered by the HMGP award.

Project scope and rationale: The public-works presentation described three primary objectives: improve roadway safety, add pedestrian connectivity and control stormwater. The design requires about 50 to 60 feet of right of way in the corridor, which staff said they narrowed during design to minimize property acquisition costs. Lofaso said the improvements also offer environmental benefits by conveying runoff to the pond, which provides treatment that does not currently occur.

County staff cited planning and regulatory alignment for the project. Lofaso noted the improvements have been reviewed and permitted by the St. Johns River Water Management District and said the work aligns with Seminole County comprehensive-plan objectives to correct drainage deficiencies and acquire right of way.

Commissioner discussion and vote: Commissioner (and mover) Vincent Constantine praised the project manager's report and moved authorization to make binding offers and request the chairman execute a resolution of necessity for the listed parcels. The motion was seconded and carried unanimously.

The board did not adopt any alternative route or design change during the hearing; staff said shifting the road would not avoid takings because much of the road sits on private property and moving it would create additional impacts.

Next steps and deadlines: The board's authorization permits staff to proceed with written offers and to record the resolution of necessity, allowing the county to use eminent-domain procedures if needed. County staff emphasized the time sensitivity: without action before the grant expiration the county risks losing the HMGP funding that covers most of the project construction cost. Lofaso said FEMA had indicated one final six-month extension would be possible to July 2026 but no further extensions after that.

The board's action directs staff to continue acquisition work and preserve the FEMA grant while the project proceeds toward construction.