" If someone wants your land bad enough and has the resourses, they will get it. Law or No Law."
I wish I had a hundred cites to disprove that statement, but I don't think that is the case.
MIAMI, FLORIDA
U.S. SUPREME COURT Ruling on land is vital locally
Hollywood leaders took notice on Thursday when the U.S. Supreme Court upheld state and local governments' power to take private land for economic development.
BY SCOTT HIAASEN AND ANDRES VIGLUCCI
shiaasen@herald.com
A deeply divided U.S. Supreme Court ruled Thursday that government agencies may seize land from private owners and give it to private developers to spur economic development.
The court's 5-4 ruling was a blow to property-rights advocates, who said state and local governments routinely violate the constitutional rights of landowners by using eminent domain laws to take land for redevelopment. They say such seizures -- commonly used throughout South Florida -- amount to a land-grab for rich developers at the expense of those they displace, who are often poor. CUT CUT
The decision was closely watched in Hollywood, which this week decided to use its eminent-domain powers to take a downtown building that developer Chip Abele needs for his planned 19-story Young Circle Commons. The property owner doesn't want to sell.
''I'm disappointed that the justices decided to favor big-time developers over private-property owners,'' said David Mach, whose family owns the one-story Art-Deco style building at 1843 Harrison St.
The long-term implications of the decision in Florida and elsewhere are not clear, because the court left it up to state governments to determine how and when local governments can take property. For decades, Florida law has allowed cities and counties to take land for redevelopment. CUT CUT
Mach said the ruling won't change his stance.
His father George and his mother Katalin worked at a corner beauty salon that was part of their 2,900-square-foot building. Mach manned the cash register as a teenager. His father died earlier this year.
''We are not going to be bullied into selling,'' Mach said. He said he'll take his case to court, despite Thursday's ruling, which appears to weaken his case.
''What the court said was, we're not going to second-guess local government,'' said University of Florida law professor James Nicholas.
Some lawyers warned that the ruling could embolden local governments to use their eminent domain power more aggressively to promote economic development.
''Now lawyers can say you are on solid legal ground to take land so long as there is some sort of economic boost,'' said Bob Jarvis, a professor of constitutional law at Nova Southeastern University. ``There is no question that this really gives a green light to developers and governments that want to help them.''
Herald staff writers Jerry Berrios and Samuel P. Nitze contributed to this report.