Florida Politicians Trying to Ease Public’s Fear of Governments Seizing Property

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The use of eminent domain has caused a stir in South Florida, particularly in Hollywood
By Shannon O’Boye

South Florida Sun-Sentinel

RISMEDIA, July 28 ? (KRT) ? Politicians throughout the state and the nation are trying to calm citizens frightened and outraged by last month’s U.S. Supreme Court ruling that lets governments take private property to make way for redevelopment.

In Tallahassee, Rep. Marco Rubio, R-Miami, is leading a committee that will study the state Constitution and recommend how to strengthen private property rights.

Gov. Jeb Bush has said he would support such legislation.

The use of eminent domain has caused a stir in South Florida, particularly in Hollywood.

Commissioner Beam Furr has suggested amending the city’s charter to protect homeowners who don’t want to sell to developers. His idea drew mixed reviews from fellow commissioners, who will formally address the issue in the fall.

Two days before last month’s Supreme Court decision, a majority of the Hollywood City Commission voted to move against Katalin Mach, an immigrant whose family has owned a small building downtown for 34 years.

Mach does not want to sell to a developer with plans for a $100 million, 19-story condo complex on Young Circle.

In Washington, Sen. Orrin Hatch, R-Utah, proposed a bill that would force governments to fairly negotiate with property owners, including paying fair compensation.

The bill also would establish a federal ombudsmen’s office to inform property owners of their rights and order disputes into mediation, if needed.

At least five other U.S. senators and representatives have announced plans for legislation to chip away at the Supreme Court’s decision, even though in the past, justices have overturned congressional attempts to supersede their decisions.

The legislative flurry is in reaction to a 5-4 Supreme Court ruling June 23 in Kelo vs. City of New London, Conn. The justices said municipalities have broad power to force the sale of people’s property to build private development for the sole purpose of generating tax revenue and jobs.

The decision drew a scathing dissent from Justice Sandra Day O’Connor, who said it favored rich corporations.

Historically, eminent domain has been used for such things as building roads or schools.

In their ruling, the court majority stressed states can enact laws, if they choose, to give property owners more protection.

Florida already does, said Attorney General Charlie Crist.

State law says only property in “blighted areas” can be taken for redevelopment, Crist said, “and then only if it would primarily serve a public purpose.”

“Quite simply, eminent domain is not available in Florida if the benefit to a private party is the paramount purpose of the project,” Crist said.

Frank Schnidman, an urban redevelopment expert at Florida Atlantic University, said he wished Crist’s opinion was correct, but it’s not.

Schnidman argues Florida’s definition of “blight” is so broad and vague almost any area can qualify.

In fact, officials in Coral Springs — an upscale bedroom community — managed to get a blight designation for the University Drive and West Sample Road intersection, home to a four-year-old regional library and an adjacent charter school.

Coral Springs set up a Community Redevelopment Agency, allowing the city to capture and spend more tax dollars rebuilding the area.

There are 37 CRAs in Miami-Dade, Broward and Palm Beach counties, according the Web site of the Catanese Center for Urban & Environmental Solutions at Florida Atlantic University.

“If, in fact, the property at issue in the New London case was in a CRA in Florida, the result would have been exactly the same,” Schnidman said. “…The attorney general has to stop and re-evaluate what’s on the ground, not what’s in the books.”

As politicians rush to soothe homeowners, getting buried are the interests of small business owners who stand to lose the most if local governments expand the use of eminent domain, Schnidman said.

Many local politicians claiming to want to protect homesteaded properties are just pandering to voters because it’s not usually homes that are taken, he said.

Small business owners are taking a back seat, he said, because they usually don’t give big campaign contributions at election time and sometimes don’t live in the cities where they own businesses.

It will be up to the state Legislature to grant protection to all property owners, Schnidman said.

“Flat out, if the Legislature is serious, they have to reverse the trend of loosening up the definition of blight,” he said.

“The Legislature has to be really careful. They need to change the definition of blight so you can still take truly slum properties and do something with them, but they’ve got to be able to stop this foolishness,” Schnidman said.

Information from The Associated Press supplemented this report.

Copyright ? 2005, South Florida Sun-Sentinel

Distributed by Knight Ridder/Tribune Business News.

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