House Bill 1889e1

                                       CS/HB 1889, First Engrossed



  1                      A bill to be entitled

  2         An act relating to compensation; amending s.

  3         373.139, F.S.; prohibiting disbursement of

  4         water management district funds for certain

  5         purposes; providing a statement of public

  6         purpose; authorizing the South Florida Water

  7         Management District to acquire certain property

  8         by eminent domain for certain purposes;

  9         amending s.73.071, F.S.; providing criteria for

10         compensation by the jury with respect to

11         certain property to be acquired; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraphs (a) and (b) of subsection (3) of

17  section 73.071, Florida Statutes, are amended to read:

18         73.071  Jury trial; compensation; severance damages.--

19         (3)  The jury shall determine solely the amount of

20  compensation to be paid, which compensation shall include:

21         (a)  The value of the property sought to be

22  appropriated;. Where the income approach to value is used to

23  value the property sought to be acquired, and when the highest

24  and best use of the property sought to be acquired is in

25  agriculture as defined in s. 570.02(1), income from

26  agriculture is attributable to real estate for purposes of

27  compensation under this paragraph and paragraph (b) of this

28  subsection.

29         (b)  Where less than the entire property is sought to

30  be appropriated, any damages to the remainder caused by the

31  taking, including, when the action is by the Department of


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CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 1889, First Engrossed



  1  Transportation, county, municipality, board, district or other

  2  public body for the condemnation of a right-of-way, and the

  3  effect of the taking of the property involved may damage or

  4  destroy an established business of more than 5 years'

  5  standing, owned by the party whose lands are being so taken,

  6  located upon adjoining lands owned or held by such party, the

  7  probable damages to such business which the denial of the use

  8  of the property so taken may reasonably cause; any person

  9  claiming the right to recover such special damages shall set

10  forth in his or her written defenses the nature and extent of

11  such damages.; and

12         Section 2.  Subsections (8) and (9) are added to

13  section 373.139, Florida Statutes, to read:

14         373.139  Acquisition of real property.--

15         (8)  A district may not disburse district funds or

16  assets to the Federal Government, or any department or agency

17  thereof, in any agreement or other arrangement, to take

18  property or any interest therein by eminent domain, pursuant

19  to federal law, if such agreement or other arrangement

20  diminishes or deprives a person or entity of any right,

21  privilege, or compensation that they would otherwise have if

22  the property or interest was taken by eminent domain under the

23  laws of this state. Any affected person or entity shall have

24  standing to enforce this prohibition by bringing an action in

25  circuit court in the county in which the affected property is

26  located.

27         (9)  The Legislature declares that the Kissimmee River,

28  Florida Project as identified in the Project Cooperation

29  Agreement between the Department of the Army and the South

30  Florida Water Management District, dated March 22, 1994, is in

31  the public interest and for a public purpose. This project is


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CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 1889, First Engrossed



  1  necessary for the public health and welfare. The acquisition

  2  of real property, including by eminent domain, for this

  3  objective constitutes a public purpose for which it is in the

  4  public interest to expend public funds. The governing board of

  5  the district is empowered and authorized to acquire fee title

  6  or easements by eminent domain for the limited purpose of

  7  implementing the Kissimmee River, Florida Project.

  8         Section 3.  This act shall take effect July 1 of the

  9  year in which enacted.

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