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Monday, May 27, 2013

The Nature of the Power of Eminent Domain


Florida eminent domain law provides for a strong protection of property owners’ rights against the abuse of eminent domain power. The legislature in Tallahassee has amended our constitution to ensure that government taking of private property is for the public good.

The history of the eminent domain power in the United States dates back to the British colonies when the crown granted land rights and could take them at will. Colonial governments often took land to construct roads without compensation to land owners.

By the time the Constitution was written, only a few states required compensation to land owners for eminent domain takings. James Madison added it to the Bill of Rights even though no one particularly campaigned for its inclusion.

Florida, among other states, reacted strongly to a 2005 decision by the U.S. Supreme Court, which upheld the taking of private property in Connecticut for the construction of a new Pfizer research facility.

Florida amended our constitution in 2006 to limit the use of eminent domain powers. Private property may not be taken to benefit private entities unless the action is specifically approved by three-fifths of the Florida legislature.

If you need an eminent domain attorney in Tallahassee or throughout Florida, please contact Florida Property Rights Law Firm. Call 800-914-8661 today for your free consultation. 

posted by Admin at 6:49 AM

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