Florida Eminent Domain Blog | Gregory W. Stoner

Riviera Beach in Palm Beach County is a community of contrasts. A thin strip of land running from the Lake Worth Lagoon to the interior of the Florida Peninsula, the city has a wide distribution of socioeconomic classes, from the rich residents of Singer Island to the relatively impoverished people sandwiched in the urban corridor between Broadway and I-95. Because of this economic disparity, Riviera Beach has had a revenue problem for many years, with the 12.5 % of the population on Singer Island representing almost 50 % of the tax base for the community. So, when taxes have to be raised, they disproportionately affect these upper-class residents, who feel they are being swamped with taxes for which they receive little or no services. To correct this problem, Riviera Beach sought to essentially double its upper-class population.

Utilizing eminent domain, the city hoped to take the mainland coast across from Singer Island and give it to a private developer who would make it into an "International Harbor Village," with exculsive shops, restaurants, and residencies. Currently, the homes are largely middle-class beachfront property, some of the rare beachfront property in Florida affordable to people making a moderate income, and many of them did not want to give up their homes. Numerous cases were filed, not only by residents, but by activist groups on the behalf of residents, but the city stood firm on its commitment to take the land.

Then the state enacted its post-Kelo revision of eminent domain laws to state that eminent domain could not normally be used to transfer land from one private owner to another, but must, instead, be used for a legitimate public purpose. At first, Riviera Beach considered trying to circumvent the law, then, on November 17, 2006, the city backed down.

If you are facing eminent domain, and suspect your local government is attempting to use its power to promote other private interests, you may be able to stop the government from taking your land. Contact the experienced eminent domain attorneys at the Florida Eminent Domain Law Firm for a free evaluation of your case.