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Proposal restricts property seizure

Lawmakers want to curb cities' ability to take private property for economic development.

By ALEX LEARY
Published May 5, 2006

TALLAHASSEE - Joining a cascade of states responding to a U.S. Supreme Court decision, Florida lawmakers on Thursday approved legislation intended to sharply limit a city's use of eminent domain for redevelopment.

The House and Senate, worried future lawmakers might undo the move, also passed a measure seeking to insert that protection into the state Constitution.

The nationwide backlash was prompted by Kelo vs. New London , in which the Supreme Court supported the 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.

If the governor signs the bill into law, a Florida city or county could only use eminent domain for projects with public purpose, such as roads, utilities and schools.

"We have eliminated the Kelo problem," said Rep. Dwight Stansel, D-Wellborn.

Florida joins most other states in reaction to last summer's Supreme Court decision. Forty-seven have already passed laws or are considering restrictions.

But some say effort is unnecessary and potentially crippling.

"It scared reasonable people that their home was going to be taken and a Wal-Mart put up in its place," said Kraig Conn, legislative counsel for the Florida League of Cities.

With severely depressed areas, Conn said, eminent domain is a useful tool when one property owner is a holdout.

The Senate worked even greater restrictions in the bill Thursday, barring a government from selling acquired property to developers for 10 years. The House version called for five years. The Senate also eliminated language allowing for eminent domain for blighted areas. The House had permitted taking blighted areas if "reasonably necessary" to eliminate health and safety threats.

The Legislature's action worried the city of Riviera Beach, which has a $2.4-billion plan to develop blighted areas. Sen. Mandy Dawson, D-Fort Lauderdale, offered an amendment Thursday to delay implementation of the bill, but it failed.

St. Petersburg used the power for private development in the 1990s when it assembled six acres the city declared blighted 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.

Gov. Jeb Bush said Thursday he would sign the bill into law. It would go into effect immediately.

"And I think we ought to amend our Constitution to provide those private property protections," Bush said.

The proposed amendment will be on the Nov. 7 ballot. It would go into effect Jan. 2.

The Senate had not proposed the amendment but accepted the House proposal anyway. Sens. Nancy Argenziano, R-Crystal River, and Les Miller, D-Tampa, were the only two lawmakers in either chamber to vote against the amendment. Both supported the bill.

[Last modified May 5, 2006, 02:30:26]