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Eminent domain limits are approved

The House okays a bill that would make it more difficult for cities and counties to take property for development.

By ALEX LEARY
Published April 7, 2006

TALLAHASSEE - The Florida House on Thursday unanimously approved a bill making it much harder for local governments to seize property for private redevelopment.

Joining a national backlash against a U.S. Supreme Court ruling, the House passed a bill that would require cities and counties seeking to use eminent domain to take private property to show it is "reasonably necessary" to take blighted property and eliminate health and safety threats. The bill also makes governments wait at least five years before selling acquired property to developers.

"Our most precious right, other than our freedom of religion, was in jeopardy," said Rep. Dick Kravitz, R-Jacksonville, one of the bill sponsors.

Local governments have long asserted eminent domain to condemn privately owned land for projects with a public purpose, such as roads, utilities and schools. Those rights are not restricted under the bill.

The Supreme Court case, and the bill before the House on Thursday, dealt with the use of eminent domain to take property for economic development purposes. The high court supported a Connecticut city's decision to take a woman's house to allow a private developer to build a commercial complex because it would boost the local economy.

St. Petersburg used the power for private development in the 1990s when it assembled 6 blighted acres for Bay Plaza, an ill-fated $200-million shopping plaza. The land was later used to create BayWalk. Eminent domain was used in Tampa to acquire land for parking garages in Ybor City.

"If this passes, areas that are on the decline will continue to decline," said city of St. Petersburg attorney John Wolfe.

A related bill that would ask voters to put the property rights protections in the state Constitution also passed Thursday, but only after criticism, mostly from Democrats, that it was unnecessary. Some said that if the changes put into the Constitution prove hurtful to cities and counties, fixes would be cumbersome.

"We need to be sure we can correct that," said Rep. Jack Seiler, D-Wilton Manors.

The Senate is not seeking a constitutional amendment.

"I do not believe we'll go down that path," said Senate President Tom Lee, R-Valrico.

But Gov. Jeb Bush supports an amendment. "I don't think peoples' property should be taken for private use, period," he said.

--Staff writers Joni James and Steve Bousquet contributed to this report.

[Last modified April 7, 2006, 01:31:16]