Remembering Kelo
This past week, more than 200 hundred citizens gathered outside a small pink house in the district of New London, Connecticut, for a ribbon cutting ceremony to mark the third anniversary of the Kelo vs. New London Supreme Court decision and to commemorate the successful relocation and reconstruction of Susette Kelo's home. The house and the land it once stood upon became famous on June 23, 2005, when the Court issued its 5-4 split ruling in favor of the City's authority to take Kelo's property for a public purpose. This ruling shocked the nation, as it was a violation the spirit and letter of the 5th Amendment which clearly states, "nor shall private property be taken for public use, without just compensation."
As a result of the ruling,Susette Kelo lost the right to remain in her home on her property. Due to the media attention surrounded this case, the city allowed her to physically relocate the house to a new property.
The home was saved to stand as a symbol for the national property rights awakening and the nationwide backlash against eminent domain abuse, resulting in judicial decisions, citizen activism, initiatives, and legislation in favor of property owners.
Since Kelo, two state supreme courts have rejected the decision as violating protections in their state constitutions.
Forty-two states have changed their eminent domain laws either through citizen initiative or legislation. About half are viewed as substantive. Florida's reforms are considered among the strongest in the nation.
Excerpted from Coalition for Property Rights post, June 27, 2008
Permalink |
Fly Your Flags
A number of bills are making their way through both chambers which protect Floridians’ rights to display not only the United States Flag, but also the State Flag of Florida, the flags of the branches of the armed forces, and the POW-MIA flag. The protections sought by some of the bills are against rule-minded homeowners associations and management companies from dampening the spirit of homeowners and their ability to show their colors (SB 857). The “Florida Flies the Flag Act,” sponsored by Senator Burt L. Sunders, takes aim at counties and municipalities and would prevent them from enacting ordinances against the display of the United States flag and also prohibit any requirement of a permit or the payment of a fee to fly Old Glory.
Permalink |
Protection For Cemeteries From Eminent Domain
Legislation has taken shape this session which proposes to limit the ability of government to take cemetery lands via eminent domain. Senate Bill 1308 (Michael S. Bennett) and House Bill 853(Baxter G. Troutman) both provide that, except for road system, transportation corridor, or rights-of-way purposes, a taking entity may only acquire an acre or more of land dedicated for cemetery purposes where it determines through a public hearing that there is “no reasonable alternative” to the taking.
While this seems to raise the bar on the standard for a taking via eminent domain, the broad exceptions and the size requirement of the taking would seem to limit the practical application to a fairly rare set of circumstances.
Permalink |
Harris Act Legislation Takes Shape
As posted back in January, Tallahassee lawmakers are now moving forward with legislation which would provide needed strength and clarification to the Bert J. Harris, Jr., Private Property Rights Protection Act. Identical versions of the bill were filed in both the House and Senate. House Bill 881 was filed on February 8, 2008 by co-sponsors Representative Stephen L. Precourt and Representative Dean Cannon, with the Senate version filed two days before by Senator Carey Baker. Both bills have been referred to committee with the House Bill receiving a first reading March 4, 2008. In addition to a number of technical corrections, key revisions to the statute include:
- a reduction of the notice period an owner must give the government from 180 to 120 days before filing a Harris Act claim in circuit court;
- an increase of the statute of limitations from one (1) to two (2) years after application of the regulation;
- a clarification of what constitutes the “application of a regulation” to property;
- a clarification on the extent of the State’s waiver of sovereign immunity for claims brought under the Act, conforming the statute to recent judicial interpretation;
- inclusion of governmentally-imposed development moratoria extending over one (1) year as actionable under the Harris Act.
Proposed Legislation Would Strengthen Florida's Harris Act
Originally enacted in 1995, the Bert J. Harris, Jr., Private Property Rights Protection Act (codified as Chapter 70, Florida Statutes 2007) provides landowners a statutory remedy for government regulation of real property that may act to “inordinately burden, restrict, or limit private property rights without amounting to a taking under the State Constitution …” A bill proposing to clarify and strengthen the Harris Act has been drafted and is being circulated for consideration during the 2008 Legislative Session in Tallahassee. In addition to a number of technical corrections, key revisions to the statute include:
- a reduction of the notice period an owner must give the government from 180 to 120 days before filing a Harris Act claim in circuit court;
- an increase of the statute of limitations from one (1) to two (2) years after application of the regulation;
- a clarification of what constitutes the application of a regulation to property;
- a clarification on the extent of the State’s waiver of sovereign immunity for claims brought under the Act, conforming the statute to recent judicial interpretation;
- inclusion of governmentally-imposed development moratoria extending over one (1) year as actionable under the Harris Act.
Florida Voters Protect Property Rights
On November 7, 2006, Florida voters responded to the recent assaults on private property rights by several local governments as well as the Supreme Court's now infamous "Kelo" decision with a resounding approval of a constitutional amendment which provides greater protections for private property rights in the face of eminent domain.
"Amendment 8" passed with a yet-to-be official 69.1 percent of the total Florida vote, and by at least a simple majority in every single Florida county. Amendment 8, which will apply to potential takings initiated on or after January 2, 2007, modifies Article X, Section 6 of Florida's Constitution and requires a supermajority approval from each house of the Florida Legislature before property may be taken via eminent domain and conveyed to a private entity.
Florida was not alone in the charge to restore private property rights. Citizen voters in eight other states also approved ballot measures and initiatives protecting private property rights by limiting government's power to take homes and businesses. Constitutional amendments in states such as Georgia, Michigan, South Carolina and New Hampshire passed with majorities exceeding 80 percent, clearly sending a message to the government that takings for economic development will not be allowed to continue unchecked.
Permalink | 0 Comments |