Subject:
Title
Consideration of a Joint Resolution with City of Palm Bay for condemnation of an approximate 3500-foot right-of-way from Forestar (USA) Real Estate Group Inc. for the extension of the St. Johns Heritage Parkway
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Fiscal Impact:
If implemented as proposed, all costs associated with right-of-way acquisition - including purchase, condemnation, appraisals, surveys, engineering, expert witnesses, and attorney’s fees - would be borne by the private party and not by Brevard County.
Staff notes that longer-term operational, maintenance, and growth-related impacts associated with a completed roadway have not been fully defined at this stage.
Dept/Office:
County Attorney’s Office/Public Works Department
Requested Action:
Recommendation
Provide direction regarding a proposed Joint Resolution between the City of Palm Bay and Brevard County addressing a proposed condemnation of an approximately 3,500foot (+/-) right-of-way for the continuation of the St. Johns Heritage Parkway (SJHP) to Sartori Avenue, and related companion right-of-way dedications. Potential actions include:
(1) Provide direction to proceed with the draft Joint Resolution and direct staff to negotiate and return companion agreements for future Board consideration;
(2) Request revisions, conditions, or additional safeguards prior to further consideration; or
(3) Decline to proceed with the Joint Resolution at this time.
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Summary Explanation and Background:
The St. Johns Heritage Parkway (SJHP) is a regionally significant transportation corridor intended to improve east-west mobility, enhance emergency evacuation capacity, and reduce congestion on parallel arterial roadways, including Babcock Street. Brevard County completed an Alternative Corridor Evaluation (ACE) Study evaluating potential SJHP alignments from Babcock Street to Malabar Road. The Alternative Corridor Evaluation (ACE) Study was adopted by both the Brevard County Commission and the Palm Bay City Council following public hearings held in December 2022.
The adopted ACE alternatives (Alternatives A and C) share a similar alignment within the area subject to this agenda item. Portions of the SJHP consistent with this alignment have already been constructed or dedicated or are in the process thereof. Without this connection (or another presently unidentified alternative) the SJHP cannot be completed.
At a joint meeting of Palm Bay and Brevard County staff on December 12, 2025, a conceptual Joint Resolution was discussed that would formalize coordination between the City and County to secure the remaining right-of-way necessary to extend the SJHP westward, from its current terminus, through Sartori Avenue to Melbourne-Tillman Water Control District C-38 Canal.
The Palm Bay City Council will consider the draft Joint Resolution at a public meeting on January 22, 2026, making timely policy direction from the Board of County Commissioners relevant.
The proposed SJHP extension is generally consistent with the long-range transportation vision anticipated in the ACE Study and would represent a significant addition to the regional roadway network. The extension would continue the Parkway toward the corporate limits of the City of Palm Bay and ultimately provide enhanced connectivity to Interstate 95.
At the same time, the proposal presents several policy considerations for the Board of County Commissioners. While the extension may provide public benefits related to mobility, evacuation capacity, and congestion relief, it may also facilitate additional development opportunities that could further stress transportation systems, utilities, environmental resources, and public services within both unincorporated Brevard County and the City of Palm Bay.
The draft Joint Resolution contemplates acquisition of approximately 3500 ft. right-of-way segment owned by Forestar (USA) Real Estate Group Inc. through negotiation, dedication, or, if necessary, eminent domain. A private party (Andy Machata/Rolling Meadow Ranch, Inc.) has indicated a willingness to pay all costs associated with the acquisition, including legal, appraisal, engineering, and condemnation expenses.
If the City and Board of County Commissioners elect to move forward, all right-of-way depicted in Exhibit “6” would be required to be dedicated, acquired, and accepted together, in a form acceptable to the City Council and Board of County Commissioners, to ensure a continuous and functional SJHP corridor.
Moving forward with the proposed Joint Resolution would require additional companion actions and agreements, including but not limited to:
• An intergovernmental agreement with the City of Palm Bay defining roles, responsibilities, and coordination related to right-of-way acquisition.
• Acceptance of the continuation of right-of-way dedication concurrent with the Exhibit “6” acquisition;
• Execution of detailed agreements clearly assigning all financial responsibility for acquisition, condemnation, and associated professional services to the private funding party;
• Legal review to confirm statutory compliance and the existence of a clear public purpose should eminent domain be pursued;
• Consideration of long-term growth management, infrastructure, utility, and maintenance implications associated with extension of the Parkway.
The draft Joint Resolution does not authorize construction of the SJHP, nor does it approve any specific development proposal.
Policy Implications:
Direction on the proposed Joint Resolution carries broader policy implications beyond the immediate right-of-way acquisition. The Board of County Commissioners may include, but is limited to:
• Growth Management: Advancing the SJHP extension may facilitate additional development activity in western Palm Bay and adjacent unincorporated areas, with potential implications for land use patterns, concurrency, and timing of infrastructure investments.
• Use of Condemnation Authority: Even if privately funded, participation in a condemnation process represents an exercise of governmental authority that may warrant careful consideration of precedent, public perception, and statutory findings of public purpose and necessity.
• Intergovernmental Coordination: Approval would further formalize Brevard County’s partnership with the City on regional transportation planning, potentially influencing future corridor, cost-sharing, and jurisdictional discussions.
• Infrastructure and Service Impacts: Extension of the Parkway may have downstream implications for utilities, maintenance obligations, emergency services, and long-term operational responsibilities not yet fully defined.
Attachments:
1. Draft Joint Resolution No. 2026-XX between the City of Palm Bay and Brevard County, including:
• Exhibit 1 - ACE Study Map
• Exhibit 2 - Full Extension
• Exhibit 3 - East of RMR
• Exhibit 4 - RMR Rd Profile
• Exhibit 5 - Utility
• Exhibit 6 - 3,500-foot (+/-) subject right-of-way proposed for acquisition/condemnation & Continuation of right-of-way dedication necessary for a continuous SJHP corridor
Clerk to the Board Instructions: Please provide copies of the Board action memorandum to the County Attorney’s Office, County Manager’s Office, and Public Works Department.