Florida Eminent Domain Blog | Gregory W. Stoner

In 2005, the Supreme Court made what many consider to be an outrageous decision in the case of Kelo v. City of New London. The Court decided that local governments could use eminent domain to transfer private property from one owner to another if this transfer was intended to create economic growth. The Court concluded that this constituted “public use” because the community benefited from the effects of economic growth.

However, many people saw this as an authorization of stealing land from the poor to give it to the rich, and, in response, many states, including Florida, passed laws to explicitly forbid this use of eminent domain. Now, if a municipality wants to take your land, it must prove that the land will be used for a legitimate public use, not just some use which may have a chance of providing trickle-down public good. In order for your land to be passed on to another private owner, both houses of the Florida Legislature must pass a three-fifths majority vote!

So if your land is going to be taken and given to another private owner, you can prevent it from being taken. To learn how you can protect your land from eminent domain, contact Greg Stoner at the Florida Eminent Domain Law Firm today for an initial consultation.