Florida Eminent Domain Blog | Gregory W. Stoner

We often think of eminent domain as being when a government will take property to build a school, road, airport, or other public use structure. However, eminent domain can be used to build nothing at all. In recent years, as people have come increasingly to understand the public good provided by undeveloped land, we are revisiting an idea almost 100 years old, albeit on a smaller scale. Local and state governments are increasingly looking to protect certain areas from development in order to preserve the local environment. However, there are those who want to turn the clock back on conservation attempts.

Among them is Florida International University’s president, who went to the North Miami City Council last month to turn the Arch Creek East Nature Preserve Trail back into a road that would link the university with 135th Street. This plan met with a great deal of resistance from locals, who are very proud and happy with their nature preserve, the only one in North Miami.

However the FIU president has considered attempting to utilize eminent domain to get the road back. If this course were pursued, it would be an interesting battle, not between one person and the government, but between two government agencies both claiming to represent the public good.

Plans to develop local conservation areas can often be fought off during eminent domain hearings. If your neighborhood has become the target of development interests, you may be able to protect it with the help of an experienced eminent domain lawyer.

To learn more about your rights and legal options, please contact The Florida Property Rights Law Firm today for a consultation.