US Senator Bill Nelson Opposes Eminent Domain RulingLawmaker also discusses hurricane issues in Bartow
Published Friday, July 8, 2005
document.title = unescape("Nelson%20Opposes%20Eminent%20Domain%20Ruling") + " theledger.com";
Nelson Opposes Eminent Domain RulingLawmaker also discusses hurricane issues in Bartow.
By Bill RuftyThe Ledger
BARTOW -- When the U.S. Supreme Court ruled last week that local governments can take private property through eminent domain on behalf of private developers, U.S. Sen. Bill Nelson said there oughta be a law against it.The Florida Democrat is one of the initial sponsors of such a law and he's stumping through the state to get support from voters while Congress takes its Fourth of July recess. On Thursday he was in Polk County."The Supreme Court has reinterpreted the Fifth Amendment, but we can take steps to protect against taking land for private developers until that interpretation is revisited," Nelson told a town hall meeting in Bartow that drew about 60 people.
The Fifth Amendment to the U.S. Constitution allows the taking of private property for public use and for fair value paid. The Supreme Court, in a 5-4 decision, ruled that "public use" or benefit can be achieved from economic redevelopment by a private developer, he said.
Nelson is among the prime sponsors of Senate Bill 1313, which would prevent federal funds from being used to condemn and purchase property for private developers."Legislatively, we can say that you can't use federal monies in the taking of property for private development, and since federal dollars are often the majority of funds in redevelopment, that should protect some property owners," he said.
Some members of the audience said they were concerned about local ramifications from the ruling, especially in the wake of Lakeland's community redevelopment agency's plans for the Parker Street neighborhood.The Supreme Court, with a different makeup of justices, likely will reconsider the eminent domain case in the future, Nelson said.
The Supreme Court is on the minds of each of the 100 senators right now in the wake of Justice Sandra Day O'Connor's decision to retire."I want a judge with an open mind, impartial and not partisan, who will protect the independence of the judicial branch. I don't want someone whose mind is already made up," Nelson said.
Nelson said he would participate in a filibuster if he felt the situation demanded it, though he would be reluctant to do so."If there is a nominee with whom I vigorously disagree, someone extraordinarily objectionable, yes, I would," he said.
Nelson said he participated in his first filibuster just weeks ago as he fought a clause in a bill that would have expanded oil drilling off of Florida's Gulf Coast.The floor leader of the bill relented and the drilling was removed from the measure.With Hurricane Dennis entering the Gulf, Nelson fielded questions from the audience on the reported slowness of the Federal Emergency Management Agency's recovery efforts in Florida after last year's four hurricanes.
He hinted that the top managers of the agency should be replaced."FEMA has the money. The question is does FEMA have the leadership," he said. Nelson pointed to mixups such as the agency paying for twice as many funerals as there were people killed by the hurricanes and $30 million in emergency funds sent to Miami-Dade, which did not sustain a direct hit from any of the hurricanes."It was one of the most frustrating times for me last year," Nelson said of trying to get the agency to move on recovery efforts. "It was simply inexcusable incompetence."From what we have seen, it would appear that the agency does not have the leadership," he said.Asked if the top leaders of the agency should be replaced, he replied, "That is something the White House has to decide.
"Ledger Political Editor Bill Rufty can be reached at bill.rufty@theledger.com or 863-802-7523.
document.title = unescape("Nelson%20Opposes%20Eminent%20Domain%20Ruling") + " theledger.com";
Nelson Opposes Eminent Domain RulingLawmaker also discusses hurricane issues in Bartow.
By Bill RuftyThe Ledger
BARTOW -- When the U.S. Supreme Court ruled last week that local governments can take private property through eminent domain on behalf of private developers, U.S. Sen. Bill Nelson said there oughta be a law against it.The Florida Democrat is one of the initial sponsors of such a law and he's stumping through the state to get support from voters while Congress takes its Fourth of July recess. On Thursday he was in Polk County."The Supreme Court has reinterpreted the Fifth Amendment, but we can take steps to protect against taking land for private developers until that interpretation is revisited," Nelson told a town hall meeting in Bartow that drew about 60 people.
The Fifth Amendment to the U.S. Constitution allows the taking of private property for public use and for fair value paid. The Supreme Court, in a 5-4 decision, ruled that "public use" or benefit can be achieved from economic redevelopment by a private developer, he said.
Nelson is among the prime sponsors of Senate Bill 1313, which would prevent federal funds from being used to condemn and purchase property for private developers."Legislatively, we can say that you can't use federal monies in the taking of property for private development, and since federal dollars are often the majority of funds in redevelopment, that should protect some property owners," he said.
Some members of the audience said they were concerned about local ramifications from the ruling, especially in the wake of Lakeland's community redevelopment agency's plans for the Parker Street neighborhood.The Supreme Court, with a different makeup of justices, likely will reconsider the eminent domain case in the future, Nelson said.
The Supreme Court is on the minds of each of the 100 senators right now in the wake of Justice Sandra Day O'Connor's decision to retire."I want a judge with an open mind, impartial and not partisan, who will protect the independence of the judicial branch. I don't want someone whose mind is already made up," Nelson said.
Nelson said he would participate in a filibuster if he felt the situation demanded it, though he would be reluctant to do so."If there is a nominee with whom I vigorously disagree, someone extraordinarily objectionable, yes, I would," he said.
Nelson said he participated in his first filibuster just weeks ago as he fought a clause in a bill that would have expanded oil drilling off of Florida's Gulf Coast.The floor leader of the bill relented and the drilling was removed from the measure.With Hurricane Dennis entering the Gulf, Nelson fielded questions from the audience on the reported slowness of the Federal Emergency Management Agency's recovery efforts in Florida after last year's four hurricanes.
He hinted that the top managers of the agency should be replaced."FEMA has the money. The question is does FEMA have the leadership," he said. Nelson pointed to mixups such as the agency paying for twice as many funerals as there were people killed by the hurricanes and $30 million in emergency funds sent to Miami-Dade, which did not sustain a direct hit from any of the hurricanes."It was one of the most frustrating times for me last year," Nelson said of trying to get the agency to move on recovery efforts. "It was simply inexcusable incompetence."From what we have seen, it would appear that the agency does not have the leadership," he said.Asked if the top leaders of the agency should be replaced, he replied, "That is something the White House has to decide.
"Ledger Political Editor Bill Rufty can be reached at bill.rufty@theledger.com or 863-802-7523.
posted by Editor Facts & Myths at 9:32 AM
0 Comments:
Post a Comment
<< Home