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Eminent domain hearings beginning
HeraldTribune.com ^ | 3/29/04 | Jamie Manfuso

Posted on 03/29/2004 11:15:43 AM PST by Modernman

CHARLOTTE COUNTY -- The county commissioners embarked on their bold Murdock Village project -- spending more than $20 million on land for that effort so far -- based on an assumption.

A circuit judge, they wagered, would allow the county to seize properties from owners who didn't want to sell their land for the redevelopment.

They could soon find out if they were right. The first condemnation hearing for the 1,100-acre project is scheduled to begin today, before Circuit Judge William Blackwell.

At issue in the hearings are 106 parcels -- mostly undeveloped single-family lots -- in the far western portion of the redevelopment area. Those parcels make up the first of a possible 10 condemnation phases the county has planned between now and late 2005.

Commissioner Adam Cummings said he's very confident the county will be victorious. Time and again, Florida courts have allowed local governments to seize areas deemed blighted for redevelopment projects, he said.

"We're walking down a very well-travelled path here," Cummings said. "It would be astonishing if the county was not allowed to proceed."

The county has cited a list of factors -- deteriorating roads, poor infrastructure, outdated lot patterns and illegal dumping -- for the need to redevelop the area.

Attorneys representing property owners have lodged challenges to the county's efforts.

"We're not dealing with a slum area here," said Ellen Neil, an attorney representing seven owners at today's hearings. "We're not looking at an area of crime. We're not looking at an area where people say this is a major public problem. We're looking at areas that are very much like other neighborhoods in the county."

"This is not automatic," she said.

Obtaining the properties from unwilling sellers is crucial to the success of Murdock Village. The county wants to consolidate ownership of 3,000 lots, erase the property lines and sell the land to a developer for a multi-use community with homes, parks and a town center.

Without invoking its power of eminent domain -- the ability to take land for a public purpose -- the county would be left with a patchwork of scattered lots unfit for large-scale redevelopment.

In a lawsuit filed March 10, a group of 10 Murdock Village property owners challenged a state law that grants local governments broad powers to condemn land in the name of redevelopment. Attorney Bill Moore's complaint says that the state's Redevelopment Act -- the basis for the county's determination that the area is blighted and can be seized for redevelopment -- is an "unconstitutionally vague statute." He said that it was so loosely worded that virtually any property could be declared blighted under it.

Robert Gill, the county's eminent domain attorney, said he will not object to Blackwell entertaining the constitutionality questions before the case moves along.

Gill said the county would have to demonstrate three things: that the County Commission has enough information to declare the area blighted; that the taking of land serves a public purpose; and that the county is putting into the court registry an amount that is a good-faith estimate of each property's value.

Whether a decision will come this week is not clear. Blackwell, a retired judge, may hear several motions that, depending on the outcome, could lead the case to be delayed.

Those challenging the taking of lots in the first phase are a decided minority. By January, when the county filed its first condemnation suit, it had purchased all but 166 of the 318 properties in the phase.

Since filing suit, the county has settled out of court with owners of 60 parcels. Of the 106 parcels at issue in today's hearing, the county hasn't gotten a response from the owners of 62. Owners of 33 other parcels either aren't contesting the taking -- they may contest the county's compensation offer later -- or cannot sell their properties due to clouded titles.

The owners of the 11 remaining parcels, represented by Moore or Neil, have contested the takings, according to figures from Gill's office. Both attorneys have clients in other phases.


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: Florida
KEYWORDS: development; eminentdomain; florida; propertyrights; takings
Takings are a legitimate government power- when used for a public purpose. The Founding Fathers knew that sometimes, for the good of the country, land would have to be taken from private owners for a public purpose. However, taking land from one group of private owners in order to transfer it to another group is not what the takings power was intended to cover.
1 posted on 03/29/2004 11:15:55 AM PST by Modernman
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Let's cut the euphamisms.

Government theft of private property is known as Nationalization whether it's done in Russia, China, Cuba or here. Nationalization is a defining characteristic of communist and 3rd world countries.

2 posted on 03/29/2004 11:26:04 AM PST by freeeee ("Owning" property in the US just means you have one less landlord)
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To: farmfriend
ping
3 posted on 03/29/2004 11:31:44 AM PST by Libertarianize the GOP (Ideas have consequence)
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To: Modernman
The county has cited a list of factors -- deteriorating roads, poor infrastructure, outdated lot patterns and illegal dumping -- for the need to redevelop the area.

Deteriorating roads - the government owns the roads and is therefore at fault for the deterioration, not the owners of the property.

Poor infrastructure - Other than the previously mentioned roads, this could only mean water, sewer, electricity and gas. If they are not functioning, then they should be fixed by the owner of the infrastructure - either the government, the property owner depending on who owns the bad section.

outdated lot patterns - This is just silly. What next - condemning the property for having Harvest Gold appliances?

illegal dumping - Warn the owner and if they don't clean it clean up the dump for them, charge the owner and put a lien on the property if they don't pay. That isn't a reason for condemning the property.

Now, does the government still have a reason left other than "You have it, we want it, and we have a monopoly on the legal initiation of violence."

4 posted on 03/29/2004 11:32:30 AM PST by KarlInOhio (Bill Clinton is the Neville Chamberlain of the War on Terror.)
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To: Modernman
"The county wants to consolidate ownership of 3,000 lots, erase the property lines and sell the land to a developer for a multi-use community with homes, parks and a town center."

It is sometimes a question of what kind of development the community will most benefit from. This type of arrangement typically leaves the developer responsible for making and paying for a great deal of infrastructure - roads, schools, parks, sewer, flood control, etc. At the same time creating an organized community with a mix of residential, recreation and retail.

The citizens have to be vigilant to make sure that on one hand their politicians aren't being bribed, and on the other to make sure the developer comes through with the full package. Often times these hearings don't stop projects but win additional concessions from the City and the developers.

5 posted on 03/29/2004 11:38:47 AM PST by BenLurkin (Socialism is slavery.)
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To: Modernman
"However, taking land from one group of private owners in order to transfer it to another group is not what the takings power was intended to cover. "

you're right; but thats how the demonicRATS do it...

6 posted on 03/29/2004 1:34:25 PM PST by hoot2
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To: Modernman; abbi_normal_2; Ace2U; Alamo-Girl; Alas; alfons; alphadog; amom; AndreaZingg; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.
7 posted on 03/30/2004 7:36:50 PM PST by farmfriend ( Isaiah 55:10,11)
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To: farmfriend
BTTT!!!!!
8 posted on 03/31/2004 3:08:15 AM PST by E.G.C.
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To: BenLurkin
But something that's being seen over and over again, is where residential areas are being condemned for the simple reason that the residents are paying less in tax dollars than new devolopment will bring in.

A while back, there was a segment on 60 minutes about a community where this was happening. It turns out that given the definition the city was using for condemning the properties, most of the city council members, and the mayors homes all fell under that definition!

I hate to say this, but eventually, there's going to be somebody who refuses to sell, and there's going to be bloodshed. Once that happens, one of two things will happen. Either a serious debate about this issue will ensue, or an emergency gun control act will be ramrodded through congress.

Mark
9 posted on 03/31/2004 4:50:20 AM PST by MarkL (The meek shall inherit the earth... But usually in plots 6' x 3' x 6' deep...)
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To: MarkL
Well, anyone who fires on Sheriffs serving an eviction notice would be just another a nutcase.

The best revenge is to squeeze the entity for the maximum amount of dollars possible.

Remember, in California at least, the question of the amount of "just compensation" rests squarely with a jury - they tend to sympathize with homeowners.

10 posted on 03/31/2004 8:56:09 AM PST by BenLurkin (Socialism is slavery.)
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To: Modernman
in the court proceedings sure to follow for the defining of a just compensation for the land seized, homeowners should ask for 50% of the tax revenues generated by the taking of said property...

what is fair is fair.

teeman
11 posted on 03/31/2004 11:40:17 AM PST by teeman8r
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