Legislature OKs limits to use of eminent domain

By Alan Gomez, William Cooper Jr., Will Vash
Palm Beach Post Staff Writers
Friday, May 05, 2006

TALLAHASSEE; The fates of future redevelopment efforts in Riviera Beach and Boynton Beach were sealed Thursday when the legislature overwhelmingly passed a bill that severely restricts governments' ability to take private property using eminent domain.

The bill is a direct reaction to a U.S. Supreme Court decision last year that upheld laws allowing governments to take property for purely economic development purposes. Some cities, counties and developers are calling it an overreaction that will kill their redevelopment efforts across the state.

Lawmakers from Palm Beach County tried several times to add a four-year exemption for ongoing projects — including Riviera Beach's $2.6 billion waterfront revitalization project and the Heart of Boynton effort.

But Thursday morning, the last amendment to save the redevelopment projects was shot down in the Senate. Then, the Senate passed the bill 38-2. The House followed with a 115-0 vote to pass it, and Gov. Jeb Bush said he would "absolutely" sign the bill (HB 1567) when it reaches his desk.

Riviera Beach Mayor Michael Brown had planned to rally hundreds of city residents in Tallahassee this morning to call for the exemption to save what he called a "rescue mission" of his city. After Thursday's votes, Brown canceled the rally but said he would not give up on Riviera Beach's redevelopment.

"We're used to swimming upstream," Brown said. "These types of things have been dropped on us for years."

Under the bill, governments would be restricted from taking someone's property and handing it over to private developers, with few exceptions. The bill allows governments to take properties only for traditional public service purposes such as parks, schools, roads and utilities.

The new law would not affect eminent domain cases already filed in court, meaning individual cases can proceed. But the day Bush signs the bill, taking property under the current law, which is far more lenient, will no longer be allowed.

Legislators also approved a proposed constitutional amendment (HJR 1569) that would ask voters in November whether they want to cement the restrictions lawmakers approved into the state constitution. If voters approve the amendment, it would go into effect Jan 2.

Riviera Beach officials estimate that more than 1,000 residents would have to be displaced through eminent domain to complete the waterfront redevelopment they are envisioning. Without that tool, they say speculators will swoop in, purchase properties and force the developer to pay exorbitant amounts for them.

Viking Inlet Harbor already has purchased $30 million worth of waterfront property and is the likely master developer. On Thursday, Viking Chairman Robert Healy expressed his frustration with what he says was a salvation of the impoverished city.

"They're playing politics with people's lives," Healy said. "They're more concerned with voter reaction."

Sen. Mandy Dawson, D-Fort Lauderdale, sponsored the failed amendment Thursday that would have given Riviera Beach and Boynton Beach more time to finish their projects. She said the only recourse left is for Riviera Beach to challenge the new law in court, a move Brown is considering.

"It's different if they were just going to do this," Dawson said. "They have been working on this project for years now and the legislature should not have the right to say, 'Oh by the way.' "

Boynton Beach officials are further along with their redevelopment effort, but now will have to rush to get eminent domain cases to court.

The city has secured most of the lots it needs for the 10.3-acre first phase of the project because eminent domain lawsuits already have been filed.

City commissioners are expected to approve a resolution of necessity on May 16 to begin eminent domain proceedings on the final four parcels, and the city could file a petition with the court by June 17.

But if Bush signs the bill into law before that date, those lots cannot be taken, said Boynton Beach Development Director Quintus Greene.

Owners of those remaining lots have maintained their willingness to work in conjunction with the Community Redevelopment Agency to develop their properties, although they would have much stronger bargaining power under the new law.

"We're going to have to deal with whatever cards are dealt us," Boynton Beach Mayor Jerry Taylor said. "It's really up in the air."

Legislators defended their decision to cut off any exemptions Thursday by saying that Floridians have been clear in their desire to stop the use of eminent domain allowed under the landmark U.S. Supreme Court case.

Florida is one of many states that have responded to the high court's decision last June in Kelo vs. New London, Conn., in which the justices found that the city could take residents' homes so a private developer could put up a riverfront hotel and other businesses.

Soon after that decision, House Speaker Allan Bense created the Select Committee to Protect Private Property Rights, and legislators have worked on curbing the taking of private property.

As cities and counties began realizing how far legislators were going to restrict eminent domain powers, they began showing up in Tallahassee and speaking out against what they dubbed an overreaction to Kelo. But legislators made it clear that they had heard enough.

"There are lots of good people that came to us and said, 'Just this, just this, just this.' But I don't think that's what the public is asking for," said Sen. Daniel Webster, R-Winter Garden, who sponsored the Senate bill. "It'll only open the floodgates."

Despite the outcry in Riviera Beach and Boynton Beach, property rights advocates hailed Thursday's passage.

"They have just helped reverse the Supreme Court's ruling on eminent domain in our state," said Carol Saviak, executive director of the Coalition for Property Rights. "As soon as Gov. Bush signs this legislation, Florida will have the strongest protections against eminent domain abuse in the nation."