District Court of Appeal of Florida June 29, 2011, No. 4D10-1737 (Pembroke Center, LLC v. State, Department of Transportation)

MAY, J.

We are asked to determine when a government’s plan to exercise an easement ripens for purposes of declaratory judgment relief and compensation in an inverse condemnation claim. A property owner appeals an order dismissing its complaint for both. It argues the trial court erred in dismissing both claims with prejudice. We agree and reverse.