House Bill 1889e2

                                  CS/HB 1889, Second Engrossed/ntc



  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, Second Engrossed/ntc



  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)  The Legislature declares that the Kissimmee River,

16  Florida Project as identified in the Project Cooperation

17  Agreement between the Department of the Army and the South

18  Florida Water Management District, dated March 22, 1994, and

19  the C-111 Project as identified in the Central and Southern

20  Florida Flood Control Project Real Estate Design Memorandum

21  Canal 111, South Dade County, Florida are in the public

22  interest, for a public purpose and are necessary for the

23  public health and welfare. Through July 1, 2000 the Governing

24  board of the District is empowered and authorized to acquire

25  fee title or easement by eminent domain for the limited

26  purpose of implementing the Kissimmee River, Florida Project

27  and the C-111 Project, more fully described above, and the

28  acquisition of real property, including by eminent domain, for

29  these objectives constitutes a public purpose for which it is

30  in the public interest to expend public funds.

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






                                  CS/HB 1889, Second Engrossed/ntc



  1         (9)  Through July 1, 2000, the South Florida Water

  2  Management District may disburse state or district funds to

  3  any agency or department of the federal government in any

  4  agreement or arrangement to take property or any interest

  5  therein by eminent domain, pursuant to federal law, unless

  6  such arrangement diminishes or deprives a person or entity of

  7  any right, privilege, or compensation that they would

  8  otherwise have if the property or interest was taken by

  9  eminent domain under Florida law. this subsection shall not

10  apply to federal grant funds received by the state or

11  district.

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

13  year in which enacted.

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