Daytona businesses must sell property (Eminent Domain at work)

Orlando Slantinel ^ | August 21,2005 | Ludmilla Lelis

[Normal4me]

DAYTONA BEACH -- City leaders can finally realize a decades-long dream of replacing the beachside Boardwalk's aging arcades, restaurants and gift shops with a new retail complex to lure more upscale tourism.

A court ruling Friday allows Daytona Beach to force the sale of three Boardwalk businesses to make way for a $120 million redevelopment project that would be the last major piece in the city's remake of its historic oceanside.

Circuit Judge John W. Watson III gave the city approval to seize the three businesses in a ruling that echoes a landmark U.S. Supreme Court decision that gave cities the right to condemn private property in favor of other private development.

Watson ruled that Daytona Beach can force the sale of the holdout businesses because the redevelopment serves a public purpose by getting rid of crime and deteriorating buildings in a blighted neighborhood.

Scott Cichon, the attorney representing the city, said the ruling will help make Daytona Beach a better place.

"The progress of the city can move forward," he said.

But one Boardwalk businessman is upset about the ruling, saying that having government taking private land and giving it to a private developer is un-American.

"You don't own anything any more," said Darrell Hunter, whose business, Capt. Darrell's Oyster Bar and Restaurant, has been condemned. "The government owns it and can do whatever they want with it.

"I feel very damn bitter. I don't think it's right."

According to the judge's order, Daytona Beach can officially take title to the properties with an $8.85 million down payment. Cichon said that transfer would happen within the next 20 days.

[Normal4me]

Geary plans to build a pair of 23-story hotel-condominium towers, new retail stores and restaurants to replace the 60-year-old Boardwalk and its line of outdated arcades and fast-food joints.

The developer has already bought, or has long-term leases, for the other land needed for the project. To help him complete the redevelopment, city officials agreed to use Daytona Beach's condemnation power to force the sale of the three holdouts.

[dts32041]

Where will bike week go, when they can't race on the beach.

[Arkie2]

How is the Souter residence condemnation project going?

[vpintheak]

Ah yes, another case of where government knows best. This is sick.

[trubluolyguy]

Git a rope.

[Normal4me]

The local Daytona residents have been trying to ban bike week for years. There is going to be one helluva a real estate glut here when the boomers die off.

[paul544]

Once again... If the residents of Daytona dont like it, they should vote out those responsible. Plain and simple.

[Cicero]

It's like a plague. Shops and restaurants with real personalities are being replaced everywhere by chain outlets. So in the future you can go to Daytona Beach to eat at McDonald's and shop at The Gap. Why bother to travel when you can find the same outlets at home?

[AlexandriaDuke]

Once again... If the residents of Daytona dont like it, they should vote out those responsible. Plain and simple.

No! That's mob rule. I don't care how unpopular you are, no one may take your private property in a free country, by vote or not.

The bureaucrats responsible shouldn't be voted out. They should be tarred, feathered and jailed.

[Texas_Jarhead]

""The progress of the city can move forward," he said."

If ya can't do it for the children then there's always the need for progress and moving forward.

[Normal4me]

Yeah and 23 stories of new tax revenue had nothing to do with it. ;-)

[Normal4me]

I am currently remodeling an old Montgomery Wards building into indoor mini storage units (56,000 square feet). I actually had a code enforcment official visit the site before we had a building permit to see what I was doing there. He told me "The city should have taken this property and done something profitable with it instead of allowing another storage building to be built." I replied, "The $4683.00 permit fee and the annual property taxes on 2 Million not enough to pay your salary?"

The guy has been a pain in my butt ever since. :-(

[pointsal]

When will the shares in the Souter project go on sale?

[Jason_b]

Judge John W. Watson III

Where did this guy go to law school. Is the problem with the law schools? There is no excuse for this level of malpractice. Does he go to church? Does he have a pastor? Perhaps the pastor can remind him stealing is a nono. The fact he is so bold proves he is confident he'll get away with it. To whom do judges such as this one answer? Not man, and not God, 10 commandments being out of sight and out of mind.

Read about Carl Drega. Interesting.

[Jason_b]

A more refined search for Carl Drega

[Stellar Dendrite]

Viva la Marx!!!

[TexasCajun]

"We Will Take From You For The Good Of The County" - HRC

[wita]

FL who wooda guessed, and what city we talking about?

[Vince Ferrer]

Once again... If the residents of Daytona dont like it, they should vote out those responsible. Plain and simple.

Why would someone vote out a person who was willing to steal for them? It isn't like the ordinary citizen can get away with this. Who cares about the right to own property when its for the children?