Senate Bill sb0130er

    ENROLLED

    2001 Legislature                                        SB 130



  1                                 

  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 for future repeal;

  6         providing an effective date.

  7  

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

  9  

10         Section 1.  Section 166.411, Florida Statutes, is

11  amended to read:

12         166.411  Eminent domain; uses or

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

14  of eminent domain for the following uses or purposes:

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

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

17  filling, or other public improvement deemed necessary or

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

19  other good reason connected in anywise with the public welfare

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

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

22  telephone and telegraph lines, all public and private streets

23  and highways, drainage districts, bridge districts, school

24  districts, or any other public or private lands whatsoever

25  necessary to enable the accomplishment of purposes listed in

26  s. 180.06;

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

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

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

30  order to promote sanitation and healthfulness, and for the

31  


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




    ENROLLED

    2001 Legislature                                        SB 130



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

  2  over and through the land of another;

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

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

  5  partly;

  6         (7)  For the abatement of any nuisance;

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

  8  drainage purposes;

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

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

11  municipal purposes which shall be coextensive with the powers

12  of the municipality exercising the right of eminent domain;

13  and.

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

15  municipality to the school board of the school district for

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

17  school board requests in writing that the municipality obtain

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

19  use the land to establish a public school thereon. Fulfilling

20  the purpose of this subsection is recognized as constituting a

21  valid municipal public purpose.

22         Section 2.  Subsection (11) of section 166.411, Florida

23  Statutes, is repealed January 1, 2004. Any eminent domain

24  action that was filed pursuant to that subsection before

25  January 1, 2004, shall not be affected by this repeal.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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