A FLORIDA Voter’s Alert

Proposed Constitutional Amendment No.8
Ballot Title:EMINENT DOMAIN

Ballot Summary:Proposing an amendment to the State Constitution to prohibit the transfer of private property taken by eminent domain to a natural person or private entity; providing that the Legislature may by general law passed by a three-fifths vote of the membership of each house of the Legislature permit exceptions allowing the transfer of such private property; and providing that this prohibition on the transfer of private property taken by eminent domain is applicable if the petitionof taking that initiated the condemnation proceeding was filed on or after January 2, 2007.
Full Text:ARTICLE XMISCELLANEOUSSECTION
6. Eminent domain.—
(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 private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature.

I didn’t even know it was on the ballot. Dave? Any gobbledeegook involved here we should watch for? ‘Cause it sounds good on it’s face to me. My only concern is the implementation date ~ lets all those cases right now off the hook and to be sorted out in court, but I guess that’s the price you pay.

8 Responses to “A FLORIDA Voter’s Alert”

  1. Sounds like bullsquash to me. It’s already in many states.

  2. Ah, but not here, GALA. And I didn’t even know it had a shot of getting in, so this is a pretty big deal (I hope).

  3. Dave J says:

    GALA, current Florida law already holds eminent domain to a considerably higher standard than Kelo, and this goes further, which is a good thing. This amendment, and a bill doing some statutory changes with respect to the same subject matter, was one of outgoing Speaker Allen Bense’s main legislative priorities: you can see that given that the sponsor for both was his designated successor, Marco Rubio, who’ll be Speaker after the election. It’s another reason it’s a damn shame Bense didn’t run against Kathy Harris for the GOP Senate nomination.
    THS, or anyone who’s interested, my former House staff colleague Karen Camechis did an extremely thorough legislative analysis of this proposed amendment, available here.

  4. Nightfly says:

    My esteemed colleague gave all y’all a rundown of many of the ballot initiatives. We’re cutting edge – but of course Dave’s actually a lawyer, so getting it first doesn’t mean getting it best.

  5. Surfside Florida\’s Newest Administration: This bunch is dirty, and a good spotlight on them is well worth it. They\’re scrambling to get their story straight, ( impossible to do ) especially after the facts are out there for everyone to see. We won\’t let up on these guys. We think we\’re dealing with a bunch that\’s trying to hijack a small community, and they seem to be trying to \”move\” things in their long term direction.
    This bunch is no different than a small mafia operation that is \”setting\” the scene so they have their people in place. They are manipulating the zoning, and circumstances to benefit the people who run the system. Surfsiders are wising up. Why hurry to change a small community? It WILL change over time, but with some people trying to benefit from a spike in value of property, seems they want to hurry and cash in before they pass away.
    There is a lot to say about keeping an enclave as what we have in Surfside. What\’s the hurry to change? Why pack more into our open areas? For what? Even more higher taxes? More people, more congestion, and more more more. For what??. It\’s not something one wants for his own neighborhood any faster than is necessary.

  6. Surfside Florida\\\’s Newest Administration: This bunch is dirty, and a good spotlight on them is well worth it. They\\\’re scrambling to get their story straight, ( impossible to do ) especially after the facts are out there for everyone to see. We won\\\’t let up on these guys. We think we\\\’re dealing with a bunch that\\\’s trying to hijack a small community, and they seem to be trying to \\\”move\\\” things in their long term direction.
    This bunch is no different than a small mafia operation that is \\\”setting\\\” the scene so they have their people in place. They are manipulating the zoning, and circumstances to benefit the people who run the system. Surfsiders are wising up. Why hurry to change a small community? It WILL change over time, but with some people trying to benefit from a spike in value of property, seems they want to hurry and cash in before they pass away.
    There is a lot to say about keeping an enclave as what we have in Surfside. What\\\’s the hurry to change? Why pack more into our open areas? For what? Even more higher taxes? More people, more congestion, and more more more. For what??. It\\\’s not something one wants for his own neighborhood any faster than is necessary.

  7. Surfside Florida\\\’s Newest Administration: This bunch is dirty, and a good spotlight on them is well worth it. They\\\’re scrambling to get their story straight, ( impossible to do ) especially after the facts are out there for everyone to see. We won\\\’t let up on these guys. We think we\\\’re dealing with a bunch that\\\’s trying to hijack a small community, and they seem to be trying to \\\”move\\\” things in their long term direction.

  8. Surfside Florida\’s Newest Administration: This bunch is dirty, and a good spotlight on them is well worth it. They\’re scrambling to get their story straight, ( impossible to do ) especially after the facts are out there for everyone to see. We won\’t let up on these guys. We think we\’re dealing with a bunch that\’s trying to hijack a small community, and they seem to be trying to \”move\” things in their long term direction.

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