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FLORIDA VOTERS OPPOSE COURT DECISION ON EMINENT DOMAIN,

STRONGLY SUPPORT STATE LAW TO PROTECT PROPERTY RIGHTS

Across political party lines, Florida voters strongly disagree with a recent U.S. Supreme

Court decision which ruled that government can use the power of eminent domain to

acquire property and transfer it to private developers. Voters also indicated they strongly

supported having the Florida State Legislature pass increased protections for property

owners and felt that protecting property rights are —very important“ to the Florida

economy.

Statewide, an overwhelming 88% said they disagreed with the Supreme Court decision in

a Connecticut case which allowed a local government to use eminent domain for

redevelopment projects to benefit the local economy. Opposition was intense, with 74%

saying they —strongly disagreed“ with the decision, and bi-partisan, with more than 70%

of voters of all party affiliations also saying they were strongly in disagreement œ 74% of

Democrats, 75% of Republicans and 72% of non-affiliated voters.

SUPREME CT

DECISION

STRONG

AGREE

SOMEWHAT

AGREE

SOMEWHAT

DISAGREE

STRONG

DISAGREE

NOT

SURE

STATE

3%

9%

14%

74%

1%

DEMOCRATS

2%

9%

15%

74%

-

REPUBLICANS

4%

8%

12%

75%

2%

INDEPENDENTS

-

12%

15%

72%

1%

While a majority of Florida voters (57%) support the basic practice of eminent domain,

the acquisition of private property for public use with fair market compensation, they do

not see economic development benefits as sufficient justification to use the power of

eminent domain and are even more strongly opposed to acquiring property and

transferring it to a third party owner. Statewide, 81% disagreed that the economic

benefits of redevelopment œ such as new jobs and increased tax revenues œ justified using

eminent domain to take private property, and 90% disagreed with the practice of using

eminent domain to acquire private property and transfer ownership of it to another private

party.

2

ECONOMIC BENEFITS

SUFFICIENT JUSTIFICATION

FOR EMINENT DOMAIN

AGREE DISAGREE NOT SURE

STATE

17%

81%

2%

DEMOCRATS

13%

84%

3%

REPUBLICANS

21%

78%

1%

INDEPENDENTS

17%

82%

1%

State voters strongly support action by the Florida Legislature to increase protections for

property owners in the wake of this Supreme Court decision. Statewide, 89% support the

Legislature passing such protections, with this support cutting across party lines.

HAVE FLA LEGISLATURE

PASS INCREASED PROTECTIONS

FOR PROPERTY OWNERS

SUPPORT OPPOSE UNDECIDED

STATE

89%

9%

2%

DEMOCRATS

90%

9%

1%

REPUBLICANS

88%

10%

2%

INDEPENDENTS

87%

11%

2%

If state legislators fail to act, a majority of Florida voters (63%) indicated they would

favor amending the State Constitution to prohibit the use of eminent domain for

economic development purposes. Support for such a constitutional amendment cut

across party lines.

AMEND STATE CONSTITUTION

TO PROHIBIT USE OF EMINENT

DOMAIN FOR ECOMOMIC

DEVELOPMENT PURPOSES

WOULD

VOTE

IN FAVOR

WOULD

VOTE

AGAINST UNDECIDED

STATE

63%

22%

15%

DEMOCRATS

58%

23%

19%

REPUBLICANS

73%

18%

9%

INDEPENDENTS

47%

30%

23%

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Finally, while supporters of using the power of eminent domain for economic

redevelopment purposes often cite the economic benefits to the community as a

justification for the practice, Florida voters feel the protection of property rights is also

important to the Florida economy. Statewide, 71% said they felt protection of property

rights were —very important“ to the state economy and an additional 19% said they

believed they were —somewhat important.“

IMPORTANCE OF

PROPERTY RIGHTS TO

FLA ECONOMY

VERY

IMP

SOMEWHAT

IMP

NOT

TOO

IMP

NOT

AT ALL

IMP

NOT

SURE

STATE

71%

19%

8%

-

2%

DEMOCRATS

68%

23%

8%

-

2%

REPUBLICANS

75%

15%

8%

1%

2%

INDEPENDENTS

69%

19%

10%

-

2%

This poll was conducted from October 17 through October 19, 2005 by Mason-Dixon

Polling & Research, Inc. A total of 625 registered Florida voters were interviewed

statewide by telephone. All stated that they voted regularly in state elections. The

margin for error is plus or minus 4%.

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OCTOBER 2005 FLORIDA PROPERTY RIGHTS POLL

625 registered Florida voters were interviewed October 17-19,

2005 by Mason-Dixon Polling & Research, Inc. All stated they

vote regularly in state elections. The margin for error is plus

or minus 4%.

QUESTION: During the past decade, do you believe government’s

regulation of land use has increased, decreased or stayed about

the same? (Would you say the level of regulation has significantly

increased/decreased or somewhat increased/decreased?)

Increased Significantly

26%

Increased Somewhat

27%

Decreased Somewhat

6%

Decreased Significantly

1%

Stayed About the Same

27%

Not Sure

13%

QUESTION: In the United States, government is vested with

power of eminent domain which gives government entities the

authority to take private property for public uses, such as

building roads and schools, as long as the property owners

are compensated at fair market value. Do you agree or

disagree with this long-standing practice? (Is that

strongly agree/disagree or somewhat agree/disagree?)

Strongly Agree

20%

Somewhat Agree

37%

Somewhat Disagree

23%

Strongly Disagree

30%

Not Sure

1%

5

QUESTION: A recent U.S. Supreme Court decision involving a

Connecticut case held that local government could also use its

eminent domain power to acquire homes and businesses for

redevelopment projects which could benefit the local economy. Do

recall hearing of this decision in the news? (IF “YES”) How much

would you say you know of the details of the Supreme Court

decision – a lot, some, or not much?

Know a lot

16%

Know some

36%

Don’t know too much

13%

Not aware of case

34%

Not Sure

1%

QUESTION: In that Connecticut case, the U.S. Supreme Court ruled

government can use the power of eminent domain to acquire a

person's property and transfer it to private developers whose

commercial projects could benefit the local economy. Do you

agree or disagree with this ruling? (Is that strongly

agree/disagree or somewhat agree/disagree?)

Strongly Agree

3%

Somewhat Agree

9%

Somewhat Disagree

14%

Strongly Disagree

74%

Not Sure

1%

QUESTION: Historically, the power of eminent domain has been

exercised primarily for public uses such as building roads and

schools. In the recent Supreme Court ruling, a majority of the

Court indicated the benefits of redeveloping a neighborhood or

business area, which could bring new jobs or increased tax

revenue to the state and municipality, was sufficient

justification for taking private property. Do you agree or

disagree with this view? (Is that strongly agree/disagree or

somewhat agree/disagree?)

Strongly Agree

2%

Somewhat Agree

15%

Somewhat Disagree

22%

Strongly Disagree

59%

Not Sure

2%

6

QUESTION: Historically, when the power of eminent domain has

been exercised, the property in question is for a public use.

For example, it is generally acquired to build a school, create

a park or to build a new road. However, municipalities are now

taking private property from one owner and transferring it to a

private developer or other third party owner. Do you agree or

disagree with this practice? (Is that strongly agree/disagree or

somewhat agree/disagree?)

Strongly Agree

3%

Somewhat Agree

6%

Somewhat Disagree

15%

Strongly Disagree

75%

Not Sure

1%

QUESTION: As a result of the recent Supreme Court decision,

many states are considering adopting increased protections

for property owners. Would you support or oppose having the

Florida State Legislature pass increased protections? (Is

that strongly support/oppose or somewhat support/oppose?)

Strongly Support

70%

Somewhat Support

19%

Somewhat Oppose

8%

Strongly Oppose

1%

Not Sure

2%

QUESTION: In Florida, some state legislators have proposed a

constitutional amendment which would prohibit the use of eminent

domain for economic development purposes. If this proposed

constitutional amendment were placed on the 2006 state election

ballot, would you vote in favor of the amendment or against the

amendment? (Would you say you are strongly in favor/against or

somewhat in favor/against?)

Strongly Favor

46%

Somewhat Favor

17%

Somewhat Against

17%

Strongly Against

5%

Not Sure

15%

7

QUESTION: In the next General election, the issue of

eminent domain reform may be a key campaign issue for

candidates at the state and local level. In your personal

voting decisions, would you be more or less likely to vote

for a candidate who had made a strong public commitment to

restricting the government’s power of eminent domain? (Is

that much more/less likely or somewhat more/less likely?)

Much More Likely

49%

Somewhat More Likely

28%

Somewhat Less Likely

3%

Much Less Likely

3%

No Effect

10%

Not Sure

7%

QUESTION: At the federal level, legislation has been

proposed which would restrict federal funding for projects

where eminent domain was exercised for economic development

purposes. Would you support or oppose having Congress pass

laws which restrict funding for projects where eminent

domain is used for economic development purposes? (Is that

strongly support/oppose or somewhat support/oppose?)

Strongly Support

39%

Somewhat Support

27%

Somewhat Oppose

9%

Strongly Oppose

10%

Not Sure

15%

QUESTION: How important do you feel the protection property

rights are to the Florida economy? Are they:

Very Important

71%

Somewhat Important

19%

Not Too Important

8%

Not At All Important

-

Not Sure (NOT READ)

2%

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DEMOGRAPHICS:

PARTY REGISTRATION:

Democrat

277 (44%)

Republican

265 (42%)

Independent/Other

83 (13%)

AGE:

18-34

74 (12%)

35-49

163 (26%)

50-64

197 (32%)

65+

190 (30%)

Refused

1

RACE/ETHNICITY:

White/Caucasian

459 (73%)

Black/African American

67 (11%)

Hispanic or Cuban

93 (15%)

Other/Refused

6 (1%)

INCOME:

<$25,000

100 (16%)

$25,000-$49,999

133 (21%)

$50,000-$74,999

120 (19%)

$75,000-$99,999

100 (16%)

$100,000+

74 (12%)

Refused

98 (16%)

SEX:

Male

290 (46%)

Female

335 (54%)

REGION:

North Florida

115 (18%)

Central Florida

140 (22%)

Gulf Coast

195 (31%)

South Florida

174 (28%)