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Oldsmar moves to limit eminent domain

The City Council gives initial approval to an ordinance that would stop future councils from seizing property unless it's for a public use such as a new road.

By TAMARA EL-KHOURY
Published July 21, 2005

OLDSMAR - The U.S. Supreme Court may be the highest law of the land, but the Oldsmar City Council is writing a dissenting opinion of its own.

The council moved Tuesday night to prevent future councils from going to court to take private property and hand it to private developers.

The council voted 4-1 to give initial approval to an ordinance that would stop future councils from invoking the city's right to take property through eminent domain unless it's for a public use such as a new road.

"It's making sure that future councils can't just arbitrarily do it without bringing it back to the public," said council member Don Bohr. "It's giving the public a little more protection than that lousy Supreme Court ruling."

The issue of eminent domain has stirred controversy since last month's 5-4 Supreme Court decision in the case Kelo vs. City of New London. The ruling said that a city or county may use its power of eminent domain to acquire private property for economic revitalization. The Connecticut city wanted to destroy homes to build an office complex.

Florida's law is stricter than most. It is one of eight states that prevents the use of eminent domain for economic development unless it is to develop a blighted area. However, the definition of blighted depends on who is interpreting it. The Supreme Court ruling has prompted elected officials throughout the state to review their laws and, in Oldsmar's case, tighten them.

"I don't like people's homes being taken or even the possibility of somebody's home being taken by the government or somebody else," said Oldsmar Mayor Jerry Beverland. "It's not right."

Oldsmar's ordinance limits the seizure of private property for private development. Recently, the city exercised its right to take property for public use. In December, the city filed an eminent domain lawsuit that eventually was settled. The suit secured land controlled by the Oldsmar Civic Club at the southeast corner of St. Petersburg Drive and Dartmouth Avenue for a library.

Council members have been watching the events in Daytona Beach where a circuit judge is considering whether the city can condemn three properties on its boardwalk. The city hopes to have a private developer build a multiuse complex. A decision is expected this summer.

Other Florida cities have been revisiting their policies. After the Supreme Court ruling, Brooksville Mayor Joseph Johnston III proposed an ordinance to limit the city's ability to use eminent domain to condemn private property. But few, if any, have gone as far as rapidly developing Oldsmar to limit their use of eminent domain.

"Our downtown redevelopment is ripe to take somebody's house," Beverland said.

The only nay in Tuesday's vote came from Vice Mayor Jim Ronecker. He said the ordinance was unnecessary and a knee-jerk reaction to the Supreme Court decision. He said a future council could easily change the ordinance, which still must be passed a second time to take effect. "It's not that I'm for eminent domain; it's more I didn't see what good the ordinance was doing," Ronecker said. "A future council could come and easily change the ordinance with three readings."

That's fine with Beverland. He said a future council would have to hear from the public before changing the ordinance.

"If the City Council wants to change the city ordinance, let them face the people and do it," Beverland said.

[Last modified July 21, 2005, 00:56:18]