Tallahassee elected officials have given up their proposed pursuit of eminent domain to stop a Circle K gas station slated to serve the new Canopy neighborhood.
The City Commission voted 3 – 2 (Malow, Porter against) to end that effort after being told by city attorney Amy Toman that there is no legal justification for it and a failed lawsuit could cost the city financially.
The controversy was prompted by neighborhood residents who have consistently raised concerns about the location of the project so close to homes.
After the vote, Mayor John Dailey said the city will reach out again to the owners to see if an agreement can be reached.
Background
At its April 16, 2025, meeting, the city commission directed staff to initiate the steps necessary to acquire by eminent domain property owned by Circle K Stores, Inc., in the Canopy development. During the meeting, the commission was advised that the first step in the process – obtaining two appraisals of the subject property – would likely result in an expenditure in “the low thousands” of dollars.
After the meeting, staff asked two vendors to provide estimates of the cost to conduct an appraisal of the Circle K property. Both vendors estimated that the cost of appraising the property would be at least $30,000 and both indicated that additional costs (e.g., land planning experts) would be necessary for a complete evaluation, since the land is already permitted. It appears that the total cost for the two required appraisals would in fact be upwards of $75,000. Because the commission’s decision was based on somewhat inaccurate information provided at the April meeting, staff is bringing this item back for further consideration.
At the April meeting, the commission also asked that an estimate of all the costs that would potentially be expended in connection with this proceeding be brought back to the commission for consideration. The law firm of Nabors, Giblin & Nickerson (NGN) represents the city in eminent domain matters. Based on its extensive experience in the area, NGN has indicated that the likely costs of proceeding with eminent domain in this matter could be as much as $375,000.
In addition, the city attorney sought guidance from NGN regarding public purpose and public necessity in the context of eminent domain proceedings. NGN has provided an analysis of the issue, noting that it is essential that a determination of public purpose be clearly identified and supported by competent, substantial evidence in any resolution to authorize eminent domain. NGN also suggests that proceeding in the absence of an articulated and supported public purpose and necessity could result in sanctions.
On April 30, the city attorney received correspondence from Erin Tilton, counsel for Circle K. The letter states, “Absent valid public necessity, exercising the power of eminent domain is an abuse of the City’s power and a violation of Circle K’s constitutional rights.” The letter warns that Circle K will defend itself to the fullest extent of the law and that the city and city commissioners may be subject to sanctions and personal liability.
People bought into a subdivision where the homes are 10 feet apart and now complain that there is a commercial development some 200 feet away? Should have looked at the development plans before buying in that area.
@ Mel = When buying a Home at the front of any Subdivision where the Homes stop and there is still Land between the Homes and the Entrance, all the Buyers had to do is ask their Realtor how that Land is Zoned. They could have easily looked it up for them and told them it was Zoned Commercial for xyz type of Businesses.
I have a Sunoco two Houses down and Across the Street from my House, I consider it a PLUS. Walked over many times over the Years to fill Gas Cans, Buy Ice, Snacks and Crunchy Chicken.
During the commission meeting, some residence were saying that the CK parking lot is right in their backyard. One gentleman said he could throw a pickle ball into where the fuel pumps are from his backyard. I looked it up on Leon County Property Appraiser, and there’s a street that divides Circle K from the backyard of the Canopy homes that are so close together, they probably know what each other is cooking for dinner. Look around at all the other gas stations in town that have residential homes next to them. If anything they will have the most modern gas station in town. I bet you they will use it too. The Canopy folks should go after the developer who sold the property and started this outcry with the non disclosure agreement. BTW, the vacant lot next to CK has not sold yet……
Being close to homes is not a legitimate eminent domain purpose.
Like mold, Circle K is nearly impossible to remove once it spreads. Every location in town is a magnet for blight-each one a glowing tribute to late-night loitering and low-effort capitalism. And yet, somehow, the city approved the land use and issued the permit. Maybe they thought they were getting a park. Frankly, they should’ve saved the spot for a Wawa-at least then we’d be getting a cult following instead of a cautionary tale.
The city had no choice but to sign off on the development. There are very limited circumstances under which a municipality can deny a permit in Florida.
@ William_Wallace = The City DID tell us WHY.......
"The action was prompted by neighborhood residents who have consistently raised concerns about the location of the project so close to homes."
It's playing to Votes.
The purpose of an eminent domain taking is supposed to be for a public use i.e: rights of way, utilities, even a city park. Since the city cannot seem to tell us why the city needs that property they will lose in court and the city staff know this. The city screwed up when they signed off on that development, they just need to own it and move on. Regarding the neighbors in the area, I bet they still will shop at the Circle K once it's built.
All this because people who are content to live in stick-built homes so close to each other one could jump from roof to roof, are not content to have a Circle-K nearby.
If they are really that bothered by the prospect, they can pool their money and offer to buy the property themselves.
The total cost for the two required appraisals would in fact be upwards of $75,000? WTH? DOGE needs to come here and do their thing with this mess.
The lobbyists & developers own OUR town...simple reality.
How could this possibly be a surprise to anyone with even a basic understanding of the law?