Eminent domain protestor sells property

• But Singer Island resident supports constitutional amendment

By Sarah Stover
Staff writer

Posted: 2006 Feb 09 - 00:00

SINGER ISLAND - It seems ironic, but Martha Babson has sold her house.

Ms. Babson, who has led the fight against eminent domain in Riviera Beach since the city's redevelopment plan was approved, sold her property at 156 East 21st St. to Wayne Huizenga Jr. of Huizenga Holdings.

The company works in diversified areas, but its interest in Riviera Beach has to do with its marina and yacht work.

Huizenga Holdings approached Ms. Babson about selling her house on Jan. 12. The closing was Jan. 31.

"I was relieved. He bought every single person on my street, the street north of me, and he's working his way up to Blue Heron," said Ms. Babson.

She will not disclose the price, but said she received about three times more than the $202,454 it was appraised.

"Since I was the first one to sell, I actually got the least," said Ms. Babson.

Calls to Huizenga Holdings about the sale were not returned.

Despite how it may appear, several residents stand by her decision.

"It's been an overwhelming amount of support for me," said Ms. Babson.

"I think it's wonderful. That's her right as an American to sell it and not have it taken from her," said Rene Corie, a Riviera Beach resident and friend of Ms. Babson's.

"There's a lot who would sell for the right price. I know we had a lot of people sell for a lot less when the developers first approached," added Mrs. Corie.

Bill Contol, president of Citizens for Responsible Growth in Riviera Beach, believes it was a smart move.

"If the marketplace works, it works better for the people. She would've lost the money she made be selling it privately, if it was done by the CRA, " said Mr. Contol.

The City Redevelopment Agency has been at odds with homeowners in Riviera Beach regarding the potential sale of their property.

The CRA is comprised of Riviera Beach City Council members.

With redevelopment plans under way for parts of Riviera Beach and Singer Island, there has been much discussion about city officials using eminent domain to take property.

Under eminent domain, the government can take property for public use.

However, Riviera Beach residents are leery about the rationale for using it.

A slum and blight study has to be performed before land can be taken using eminent domain. A slum and blight study was performed in Riviera Beach, but Ms. Babson analyzed it and in her findings, the study was faulty in numerous ways.

"We're all fighting for the liberty to buy or sell our own property," said Ms. Babson.

"Her fight and mine too, is, it's unconstitutional for someone to take your home," said Mrs. Corie.

Ms. Babson plans to use some of the profits from the sale to purchase a place in Gainesville. She has a year to stay in her house, but probably won't, she said.

However, she will continue her work against the use of eminent domain.

Her focus now is to get a constitutional amendment, proposed by Rep. Everett Rice, R-Treasure Island, on the November ballot.

"It's going to be the people telling the lawmakers what they want," she said.

Ms. Babson urges fellow residents to write their representatives in regard to eminent domain.

Rep. Rice has proposed legislation to stop eminent domain from being used for development in Florida. He recently met with Ms. Babson and other residents fighting its potential use in Riviera Beach.

"He is a wonderful person to have on our side," said Ms. Babson.

Rep. Rice recognized the need for an amendment to Florida's constitution after the Kelo decision was announced in July.

In Kelo v. New London, the Supreme Court ruled 5-4 in favor of using eminent domain in New London, Conn.

"I spent the last three decades of my life protecting people and their property and when I read the Supreme Court's decision I was shocked," said Rep. Rice.

He filed a resolution in July that asks Florida voters to approve an Amendment to Section 6, Article X of the state constitution. The change would add this language: "Private economic development shall not be deemed to constitute a public purpose for which private property may be taken by eminent domain."

The Florida constitution is more liberal than most other states, said Rep. Rice.

Currently, it says eminent domain can be used for public purpose, which is broader than the term public use, which is what other states have written in their constitutions.

Resolution 31 still needs to be passed by the legislature, and if it is, it should make the November ballot.

"My proposal has not met any direct opposition," said Rep. Rice.

In fact, there are 24 co-sponsors of the bill and there is an identical version of it in the Senate sponsored by Sen. Dennis Jones, R-Seminole.

"In order to be safe from eminent domain, we want something that cannot be changed," said Ms. Babson.

"Everyone realizes it could happen to you, but each state has its own constitution and it can be changed, and that's what Everett Rice is trying to do," said Mrs. Corie.

"This going to be the beginning of the next American Revolution," said Ms. Babson.