Eminent domain case: 'little impact in Florida'
Eminent domain case: 'little impact in Florida'
Posted-Wednesday, June 29, 2005 9:05 AM EDT Keynoter
"Better to be ignorant of the matter than to half know it."
- Publilius Syrus (First Century B.C.)
The drumbeats were loud and lamentations voluminous as property-rights advocates began to assess the impact of last week's U.S. Supreme Court decision on eminent domain.
Even network television was straining to explain the court's narrow 5-4 vote and speculate on what it means.
Here in the Florida Keys, where conspiracy theories abound anyway, the Supreme Court's "sellout" was widely seen as opening the doors for further takings.
In Marathon, a chain of e-mail alerts with sample letters to the governor began making the rounds.
However, before folks get even more panicky, it helps to explain that the Connecticut case appealed to the Supreme Court will have little impact in Florida. That's because this state already has eminent domain powers broadly used for similar kinds of "public uses."
In today's Keynoter, reporter Alyson Matley interviews land-use attorney James Mattson, who last year filed a property takings case against Monroe County. He says the Supreme Court's ruling will make little difference locally.
"This has gone on since the mid 1950s," he told Matley.
In Marathon, rumblings about the city condemning private property for the public good first surfaced four years ago after early City Council members attended a Florida League of Cities conference.
During workshops, lawyers and planners and financial experts talked about community redevelopment agencies, which give local governments power to condemn blighted areas and concentrate property tax revenues from redevelopment to make improvements in the designated area.
Two CRAs already exist in the Keys: One in Bahama Village, the other covers the Key West Bight.
Last year, when Marathon Councilman Jeff Pinkus raised questions about CRAs and Old Town Marathon redevelopment, he got an earful from opponents. Since then, Marathon council members have voiced little support for the idea.
For those who see a direct link between the Supreme Court decision, CRAs and the threat of takings in Marathon, we urge more facts and less frenzy. In today's lead story, reporter David Ball lays out the facts.
To invoke eminent domain would require changing Marathon's comprehensive plan, which was just adopted. In addition, the city planning board would have to hold public hearings. And voters could demand a referendum on the issue.
Doubters who still see conspiracy theories at play may draw some comfort from what Mattson has to say about the Supreme Court decision: "It will have a lousy impact all over the country, but not here."
Posted-Wednesday, June 29, 2005 9:05 AM EDT Keynoter
"Better to be ignorant of the matter than to half know it."
- Publilius Syrus (First Century B.C.)
The drumbeats were loud and lamentations voluminous as property-rights advocates began to assess the impact of last week's U.S. Supreme Court decision on eminent domain.
Even network television was straining to explain the court's narrow 5-4 vote and speculate on what it means.
Here in the Florida Keys, where conspiracy theories abound anyway, the Supreme Court's "sellout" was widely seen as opening the doors for further takings.
In Marathon, a chain of e-mail alerts with sample letters to the governor began making the rounds.
However, before folks get even more panicky, it helps to explain that the Connecticut case appealed to the Supreme Court will have little impact in Florida. That's because this state already has eminent domain powers broadly used for similar kinds of "public uses."
In today's Keynoter, reporter Alyson Matley interviews land-use attorney James Mattson, who last year filed a property takings case against Monroe County. He says the Supreme Court's ruling will make little difference locally.
"This has gone on since the mid 1950s," he told Matley.
In Marathon, rumblings about the city condemning private property for the public good first surfaced four years ago after early City Council members attended a Florida League of Cities conference.
During workshops, lawyers and planners and financial experts talked about community redevelopment agencies, which give local governments power to condemn blighted areas and concentrate property tax revenues from redevelopment to make improvements in the designated area.
Two CRAs already exist in the Keys: One in Bahama Village, the other covers the Key West Bight.
Last year, when Marathon Councilman Jeff Pinkus raised questions about CRAs and Old Town Marathon redevelopment, he got an earful from opponents. Since then, Marathon council members have voiced little support for the idea.
For those who see a direct link between the Supreme Court decision, CRAs and the threat of takings in Marathon, we urge more facts and less frenzy. In today's lead story, reporter David Ball lays out the facts.
To invoke eminent domain would require changing Marathon's comprehensive plan, which was just adopted. In addition, the city planning board would have to hold public hearings. And voters could demand a referendum on the issue.
Doubters who still see conspiracy theories at play may draw some comfort from what Mattson has to say about the Supreme Court decision: "It will have a lousy impact all over the country, but not here."
posted by Editor Facts & Myths at 11:18 AM
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