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The Riviera Beach
City Council unanimously passed a toothless resolution Wednesday
night saying it will abide by the state law governing eminent
domain powers, which does not allow the seizure of private
property so it can be given to developers for private
redevelopment.
But critics of the city's intent to use eminent domain for its
massive $2.4 billion redevelopment plan say the resolution is
"meaningless" because the city retains the power to take 400
acres of private property so developer Viking Inlet Properties
can build a waterfront project featuring condos, a hotel,
marina, aquarium and stores.
"This
resolution is no consolation to the homeowners and businesses
that lie in the path of Viking's bulldozers," said Bert Gall, an
attorney with the Institute for Justice, which filed a lawsuit
in September on behalf of four Riviera Beach businesses and
homeowners.
The suit asks the court to declare the use of eminent domain
unconstitutional when taking private property for the sake of
private development.
Gall said, "The resolution is meaningless because it doesn't
actually bind the city to follow the state law [in the case of
the Viking project]."
Mayor Michael Brown, who has championed eminent domain as a way
to lift the economic fortunes of Riviera Beach, could not be
reached for comment. Brown has not signed the resolution, which
passed 5-0.
Historically, government has used eminent domain to confiscate
private property when it is in the public interest to build
roads, schools or hospitals. But last year, the U.S. Supreme
Court ruled that under certain conditions government could take
private property to give to a private developer who is building
a project that will lift the economic development of an area.
Florida was among many states that reacted to the ruling by
passing legislation making it illegal to take private property
for private development. On May 11, Gov. Jeb Bush signed that
legislation into law. And this past Election Day, 69 percent of
voters statewide approved a constitutional change question put
on the ballot to back up the law.
Sally Apgar can be reached at 561-228-5506 or at sapgar@sun-sentinel.com
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