FLORIDA PREPARES FOR EMINENT DOMAIN RESTRICTIONS

Voters in Florida are gearing up for a ballot on November 7 that should strengthen the property rights of individuals against local and state authorities using eminent domain (compulsory purchase) legislation. The bill – which would become the Eighth Amendment to the state’s constitution if passed – would require the use of eminent domain for the transfer of property to private developers which will be approved in each individual case by three-fifths of each house of the Florida State Legislature.

“Protection of people’s personal property is a fundamental right. That’s the kind of thing that should be in the [state] constitution,” said State Senator Burt Saunders.

Eminent domain has been a significant issue in US local and national politics since a Supreme Court ruling last year, which paved the way for the use of the legislation to seize property and land in cases where redevelopment would result in greater tax revenues for local governments. As in most cases, new properties and developments have greater tax liabilities. Fears arose that local governments could now seize private property at will. Previously the option had been used only for the development of public works such as roads, reservoirs and power stations.

The Floridian amendment – expected to pass with a substantial majority vote – will be good news for the thousands of British homeowners in the Sunshine State. While the use of eminent domain in the kind of neighbourhoods preferred by British buyers has always been considered unlikely, the safeguards almost certain to be enshrined in state law will go a long way in removing any vestiges of doubt about investment security in the ever-popular hotspot.

Posted on: Florida

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FLORIDA PREPARES FOR EMINENT DOMAIN RESTRICTIONS

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