Senate Bill sb2540

    Florida Senate - 2006                                  SB 2540

    By Senator Argenziano





    3-93-06

  1                      A bill to be entitled

  2         An act relating to limitations on the use of

  3         the power of eminent domain; providing a

  4         definition; prohibiting, under certain

  5         conditions, a state agency, political

  6         subdivision, or corporation acting on behalf of

  7         a state agency or political subdivision from

  8         taking private property through the use of

  9         eminent domain; providing exemptions from the

10         prohibition; providing an effective date.

11  

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

13  

14         Section 1.  Limitations on the exercise of the power of

15  eminent domain.--

16         (1)  As used in this section, the term "governmental

17  entity" means a state agency, a political subdivision, or a

18  corporation acting on behalf of a state agency or political

19  subdivision.

20         (2)  Section 6, Article X of the State Constitution

21  prohibits the taking of private property except for a public

22  purpose. The following purposes do not constitute a public

23  purpose under that constitutional provision, and a

24  governmental entity may not exercise its power of eminent

25  domain for the purpose of:

26         (a)  Conferring a private benefit on a particular

27  private party, including, but not limited to, the transfer of

28  private property for another private use or the transfer of

29  private property for a public use that is merely a pretext for

30  conferring a private benefit on a particular private party.

31  

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






    Florida Senate - 2006                                  SB 2540
    3-93-06




 1         (b)  Raising revenue for the use of the governmental

 2  entity.

 3         (c)  Fostering economic development, unless the purpose

 4  is community redevelopment as authorized by s. 163.375,

 5  Florida Statutes.

 6         (3)  The prohibition in subsection (2) applies to the

 7  use of eminent domain under the authority conferred by state

 8  or local law. However, subsection (2) does not limit the

 9  authority conferred by state law to a governmental entity for

10  taking private property through the use of eminent domain for

11  the purpose of the successful completion or safe operation of

12  a public infrastructure project, including, but not limited

13  to:

14         (a)  A transportation project, including a railroad,

15  port, airport, road, or highway.

16         (b)  A water supply, wastewater, flood control, or

17  drainage project.

18         (c)  A project involving the operations of a common

19  carrier or energy transporter, or the provision of utility

20  services.

21         (d)  A convention center, sports stadium, sports arena,

22  coliseum, or auditorium project approved by voters at a

23  referendum held in conjunction with a general election.

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

25  

26            *****************************************

27                          SENATE SUMMARY

28    Prohibits a governmental entity from taking private
      property through the use of eminent domain if the taking
29    confers a private benefit on a private party, is for the
      purpose of economic development not otherwise authorized
30    by law, or is for the purpose of raising revenue.
      Provides certain exceptions for a public infrastructure
31    project. (See bill for details.)

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