Developers Consider Suing Florida City for Not Using Eminent Domain Powers

FoxNews.Com ^ | 18 October 2006 | AP

[FLOutdoorsman]

RIVIERA BEACH, Fla. — The builders of a multibillion-dollar redevelopment project are considering legal action against the state and city after being told eminent domain powers will not be used to seize property to make way for the plan.

Viking Inlet Harbor Properties, a joint venture between Viking Yacht Co. and resort-development firm Portfolio Group, has already spent more than $50 million acquiring property in the redevelopment zone, said Mike Clark, president of Viking Associates, the real estate arm of the company.

"Now I'm stuck with these properties but can't develop them because I can't fill in the puzzle pieces," Clark said. "The city spent millions of dollars putting together its comprehensive plan, and we spent well over $1 million in engineering, architectural and planning fees. Our plan now becomes virtually worthless.

"We're certainly considering joining with other developers and perhaps a group of municipalities about the changing of the rules in midstream," Clark added.

The $2.4 billion project is planned for an area that encompasses about 1,700 homes and businesses in an effort to revamp the marina district with high-end condominiums, houses, shops, offices and yacht slips in one of Palm Beach County's poorest cities.

The city was moving ahead with the plans over the objections of some residents who refused to move out of their homes to make way for the project in potentially one of the nation's largest eminent domain seizures.

Mayor Michael Brown has said the city would use eminent domain to force home and business owners to sell their properties in an effort to bring a higher tax base and better paying jobs to the city. However, city officials contend that many residents would choose to sell, making forceable eviction unnecessary.

[Taggart_D]

Now I'm stuck with these properties but can't develop them because I can't fill in the puzzle pieces,

You made a deal with the devil.

[bahblahbah]

Not available for comment.

[kinoxi]

So your swindle didn't work. Having the audacity to sue is quite new though.

[samm1148]

"Now I'm stuck with these properties but can't develop them because I can't fill in the puzzle pieces," Clark said. "The city spent millions of dollars putting together its comprehensive plan, and we spent well over $1 million in engineering, architectural and planning fees. Our plan now becomes virtually worthless."

So you planned to take these properties from the get go. Sounds like a case of premeditated theft to me. Any judge want to issue a warrant?

[capt. norm]

The liberal dems always say they are for the "little guy".

Hmmmm.

[bahblahbah]

"Sounds like a case of premeditated theft to me."

I agree. Book these developers for conspiracy to commit theft.

[samadams2000]

Prison would add some clarity to his confusion.

[BipolarBob]

Just because the landowners own the land doesn't mean we can't try to steal it through the courts.


/sarc

[khnyny]

From the article:
[Florida voters have a chance to put the state law restrictions into the constitution if they pass Amendment 8 on the Nov. 7 ballot. It would ban the use of eminent domain to transfer property, such as homes or businesses, to private developers unless an exemption is approved by three-fifths of both houses of the Legislature.]

Sounds like a reasonable law, but imho, may not go far enough to protect personal property rights. Anyone on waterfront property should be awfully nervous now after that asinine SCOTUS ruling.

Also from article:
[The new law and the resolution being considered would effectively stop a large portion of the Riviera Beach project. The developers would then have to negotiate for much higher prices to buy residents' properties if the project were to move forward.]

LOL. Gee, that's too bad./sarc

[Kimmers]

My liberal friend called me after this Supreme Court decision and she was she sure what judges ruled on this. It was my pleasure to point out the liberal judges that made this decsion....she fumbled around and said "Well, I don't know if it is right to call them liberal."

[streetpreacher]

Couldn't the city respond by seizing the developer's properties?

Good for the goose...

[GeorgiaDawg32]

so paying market value is wrong how??

[Always Right]

So you planned to take these properties from the get go. Sounds like a case of premeditated theft to me. Any judge want to issue a warrant?

Why? Isn't this what the Supreme Court gave him a licence to do?

[Unicorn]

Isn't this for the children?

[khnyny]

You're kidding, right?

[GeorgiaDawg32]

as a matter of fact I am..:)

[NonValueAdded]

Check out Florida Amendment proposal #8, seeking to rein in what these developers are seeking to do. It will apply only to petitions of taking filed after 1/2/2007. Florida voters, be sure to clean up the Florida Supreme Court as part of this process. See Gore v. Harris SCOFLA Justices on ballot (discuss).

[Shermy]

"Well, I don't know if it is right to call them liberal."

Sure they're liberals. Kelo case is unabashed big government liberalism without regrets. Judicial activism.

[cripplecreek]

Mean ole city won't help us to steal somebody's property. LOL