Senate Bill 1230

    Florida Senate - 2000                                  SB 1230

    By Senator Silver





    38-618-00

  1                      A bill to be entitled

  2         An act relating to eminent domain; amending s.

  3         166.411, F.S.; authorizing municipalities to

  4         exercise the power of eminent domain for public

  5         school purposes; providing an effective date.

  6

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

  8

  9         Section 1.  Section 166.411, Florida Statutes, is

10  amended to read:

11         166.411  Eminent domain; uses or

12  purposes.--Municipalities are authorized to exercise the power

13  of eminent domain for the following uses or purposes:

14         (1)  For the proper and efficient carrying into effect

15  of any proposed scheme or plan of drainage, ditching, grading,

16  filling, or other public improvement deemed necessary or

17  expedient for the preservation of the public health, or for

18  other good reason connected in anywise with the public welfare

19  or the interests of the municipality and the people thereof;

20         (2)  Over railroads, traction and streetcar lines,

21  telephone and telegraph lines, all public and private streets

22  and highways, drainage districts, bridge districts, school

23  districts, or any other public or private lands whatsoever

24  necessary to enable the accomplishment of purposes listed in

25  s. 180.06;

26         (3)  For streets, lanes, alleys, and ways;

27         (4)  For public parks, squares, and grounds;

28         (5)  For drainage, for raising or filling in land in

29  order to promote sanitation and healthfulness, and for the

30  taking of easements for the drainage of the land of one person

31  over and through the land of another;

                                  1

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






    Florida Senate - 2000                                  SB 1230
    38-618-00




  1         (6)  For reclaiming and filling when lands are low and

  2  wet, or overflowed altogether or at times, or entirely or

  3  partly;

  4         (7)  For the abatement of any nuisance;

  5         (8)  For the use of water pipes and for sewerage and

  6  drainage purposes;

  7         (9)  For laying wires and conduits underground; and

  8         (10)  For city buildings, waterworks, ponds, and other

  9  municipal purposes which shall be coextensive with the powers

10  of the municipality exercising the right of eminent domain;

11  and.

12         (11)  For obtaining lands to be conveyed by the

13  municipality to the school board of the school district for

14  the county within which the municipality is located, if the

15  school board requests in writing that the municipality obtain

16  such lands for conveyance to the school board and promises to

17  use its best efforts to establish a public school thereon.

18  Fulfilling the purpose of this subsection is recognized as

19  constituting a valid municipal public purpose.

20         Section 2.  This act shall take effect upon becoming a

21  law.

22

23            *****************************************

24                          SENATE SUMMARY

25    Authorizes a municipality to exercise eminent domain
      powers to obtain and convey lands to a school board for
26    public school purposes.

27

28

29

30

31

                                  2