Senate Bill sb1820

    Florida Senate - 2006                                  SB 1820

    By Senator Posey





    24-1166-06

  1                      A bill to be entitled

  2         An act relating to eminent domain; creating the

  3         "Moehle Act"; providing definitions; providing

  4         for payment to a property owner by a state

  5         agency, a political subdivision, or a

  6         corporation acting on behalf of a state agency

  7         or political subdivision which takes private

  8         property by eminent domain; requiring payment

  9         of just value; requiring additional payment if

10         the property value exceeds specified amounts

11         after the taking; providing for payment of

12         attorney's fees and court costs; providing an

13         effective date.

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

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17         Section 1.  Limitations on the exercise of eminent

18  domain.--

19         (1)  This section may be cited as the "Moehle Act".

20         (2)  As used in this section, the term:

21         (a)  "Governmental entity" means a state agency, a

22  political subdivision, or a corporation acting on behalf of a

23  state agency or political subdivision.

24         (b)  "Highest appraised value" means the highest fair

25  market value found for a parcel of property by a

26  state-certified appraiser.

27         (c)  "Just value" means the value of a parcel of

28  property at its present highest and best use.

29         (3)  In exercising the power of eminent domain

30  otherwise conferred by law, a governmental entity that takes

31  private property for the purpose of economic development must

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






    Florida Senate - 2006                                  SB 1820
    24-1166-06




 1  pay the owner the just value of such property. If within 5

 2  years after such a taking, the fair market value of the

 3  property taken exceeds the amount paid by the governmental

 4  entity to the owner, the governmental entity shall pay the

 5  owner an additional amount equal to the difference between the

 6  amount paid and the highest appraised value of such property

 7  in such period. The governmental entity shall pay the

 8  attorney's fees and court costs that are incurred by a

 9  property owner to secure a payment that is required by this

10  subsection.

11         Section 2.  This act shall take effect July 1, 2006.

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14                          SENATE SUMMARY

15    Requires payment of just value to the property owner when
      a state agency, a political subdivision, or a corporation
16    acting on behalf of a state agency or political
      subdivision takes private property by eminent domain.
17    Requires additional payment if the value of the property
      that is taken exceeds specified amounts after the taking.
18    Provides for payment of attorney's fees and court costs.

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