Senate Bill sb0506

    Florida Senate - 2006                                   SB 506

    By Senator Baker





    20-98-06

  1                      A bill to be entitled

  2         An act relating to limitations on the exercise

  3         of 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 an effective date.

10  

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

12  

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

14  eminent domain.--

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

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

17  corporation acting on behalf of a state agency or political

18  subdivision.

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

20  prohibits the taking of private property except for a public

21  purpose. The following purposes do not constitute a public

22  purpose under that constitutional provision, and a

23  governmental entity may not exercise its power of eminent

24  domain for the purpose of:

25         (a)  Conferring a private benefit on a particular

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

27  private property to another private use;

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

29  entity; or

30         (c)  Fostering economic development.

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

                                  1

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






    Florida Senate - 2006                                   SB 506
    20-98-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Limits use of the power of eminent domain by a state
      agency, political subdivision, or corporation acting on
 4    behalf of such agency or subdivision. Lists various
      purposes that do not constitute a public purpose for
 5    which the State Constitution allows the taking of private
      property.
 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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