Guide to Florida Eminent Domain Law
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Florida Eminent Domain Blog | Gregory W. Stoner
The Florida Eminent Domain Law Firm, PA
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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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