by ~ Phil Moore

Eminent domain refers to every government’s right to take property from its citizens for public uses.  In democratic societies, this typically cannot be done without compensation for the loss of property. This type of property right is guaranteed, along with due process, in the Fifth Amendment to the Constitution of the United States of America, which states “Nor shall private property be taken for public use, without just compensation.”

This was initially not binding to the states or local governments, and, though eventually secured with the Fourteenth Amendment, framers of state constitutions saw fit to include specific provisions to supply the lack.

The Constitution of the State of Florida also includes specific language about eminent domain in Article X, Section 6:

(a)   No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.

(b)   Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another.

(c)   Private property taken by eminent domain pursuant to a petition to initiate condemnation proceedings filed on or after January 2, 2007, may not be conveyed to a natural person or a private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature.

This language is far more descriptive of eminent domain and its limitations than the US Constitution.

Full Compensation

Full compensation is a very different phrase than just compensation.  Just compensation is merely fair compensation.  Full compensation implies complete compensation, which may or may not be more than what is merely fair, depending on the circumstances of the case.  At any rate, the language gives eminent domain lawyers a good starting place for getting you the best possible value for your property in the event of a condemnation.

Drainage

Drainage is a unique provision for eminent domain statutes, but was original to the Florida Constitution.  It does provide a good starting place for easement proceedings and explicitly ties them in with other eminent domain proceedings.

Private Property Provisions

The final item in the Constitution of the State of Florida is a new amendment, adopted in 2006 in response to the Supreme Court’s decision in Kelo vs. City of New London (2005), in which New London, Connecticut was granted the power to raze dozens of homes and businesses to make a site more attractive to Pfizer, but also counteracted a long string of similar cases in many states, including Florida.

The Preamble to the Constitution–11-year-old-girl recites it while hula-hooping
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