A Florida County Shows the Stupidity of Kelo v. New London

From Sea to Shining Sea ^ | 12/29/06 | Purple Mountains

[PurpleMountains]

One of the areas where the country may have lost ground in the last election is in the area of eminent domain. There seems to be wide agreement across political lines that the Kelo vs. New London decision, which gave local governments virtually unlimited power to usurp private property and turn it over to other, favored, private interests, was unwise and unjust. Only the far left, unfortunately represented by Supreme Court Justices Stevens, Breyer, Ginsburg, and Souter (and in this case, Kennedy) are in favor of granting this power to government. With a Democrat majority in the Senate now, all prospects for another conservative justice to overturn this decision appear to have gone up in smoke.

[leda]

So far, they are several years into the taking, whereby
hundreds of home owners and businesses were kicked out,
and $93.3 million dollars in bonds was raised to fund the
endeavor. The citizens of Charlotte County are now paying
$5.3 million dollars a year in interest on these bonds
($14,300.00 per day), and the first developer chosen was
found not to have the expertise or the resources to do the job.

egads!

[patton]

Scary stuff.

[leda]

another hoa gone bad :(

[Jacquerie]

Are any of you familiar with "Conservation Easements" in FL?

As was explained to me, if a developer needs a permit from the state DEP, they may demand a conservation easement (CE)in exchange for the permit.

With a CE given to the state, the property owner forever gives up the right to develop a portion of his property. The slick thing is, title is still held by the owner, it is not eminent domain but the usual rights associated with clear title are given to the state.

I have been told that the amount of land given in CE is up to the bureaucrat one has to deal with. So much for the rule of law where we know what the rules are.

[patton]

I have no clue - we live in VA.

[PurpleMountains]

A conservation easement in Florida has nothing to do with eminent domain. It is a way to keep farm lands and natural habitats in a natural state while the value (and taxes) on nearby properties are being developed. It is voluntary and to the benefit of both the public and the landowner and his heirs. I can't see why a developer would ever trade a CE for a permit, because the CE would prevent development.

[Jacquerie]

No, it is not eminent domain but a close first cousin. A portion of the developable land set in a CE is essentially owned by the government in all but name and done under duress. It is a form of extortion by government. No CE, no development will be allowed on the entire parcel. That government expropriates most of the property rights for what it considers to be a worthwhile purpose is not a sufficient reason. That was the reasoning in Kelo, denounced by all except radical liberals.