The state of Florida is closer to limiting the powers of government entities to exercise eminent domain. The state legislature recently approved an amendment to the state constitution which restricts the forced sale of private property for the purpose of commercial development. Floridians will vote on the amendment this fall. A related bill is also being considered in the legislature. Previously existing reasons for government to exercise eminent domain will remain. Governments may force the sale of private property for the public good, for the building of public institutions or roadways, or to remedy blight and encourage renewal.
Eminent domain abuse is a huge problem in areas where real estate is a hot market. Forcing the sale of private property to developers is one way that local governments have been increasing the value of property, and thus collecting bigger tax dollars. “Blight” has been the excuse for many of these instances- but many neighborhoods are not blighted in the sense that has been traditionally understood. Traditionally, blight has meant abandoned buildings, neglected streets, garbage everywhere, health hazards. It has not meant neat little neighborhoods of small homes in areas where open land is scarce.
Ever since the Supreme Court declared it legal for the town of New London, Connecticut to force the sale of private homes to make way for more luxurious commercial development, homeowners in coastal communities and attractive areas adjacent to cities have had good reason to be nervous. Ironically, the best protection against eminent domain abuse by a government entity is a reform of local laws by local and state governments. Support of those reforms by local lawmakers will depend on what they believe they need more – votes or financial contributions.
Eminent domain abuse also sets poor precedent for community planning. Zoning, construction permits, valuations – all become subject to the whim of immediate convenience. This mentality does nothing to promote long term growth in value or community stability. Public services are often impacted by poor or corrupt planning.
If your state legislature is currently considering legislation to curb eminent domain abuse, please tell your representatives to do the right thing, and vote to protect property owners from this obscene exploitation.