Eminent Domain Law Changes

Eminentdomain is the power of the government to take private property for publicuse.  The government is obligated to paythe property owner appropriate monetary compensation for their property, in aprocess called “condemnation.”  In manycases, when the Florida Department of Transportation (FDOT) or other condemning authority useseminent domain for a road project, the result is a partial taking, inwhich only part of your property is taken. Sometimes the part of your property sought is just a thin strip alongthe edge, maybe a foot wide, and sometimes it is half the lot or more.  In some cases, the portion of propertyremaining is not legally sufficient to support a home or a business, and inthese cases the condemning authority may be forced to purchase the entireproperty.  In any case of partial taking,the condemning authority would be forced to pay severance damages sufficient toeffect what is known as a "cure," plus any residual damage to theremaining property not able to be cured.

Acure is a plan to restore maximal use to the property subject to a partialtaking.  What constitutes a sufficientcure is determined by the court and, in most cases, with reference to localzoning ordinances.

Changes to Eminent Domain in Martin County

OnMarch 3, Martin County Commissioners approved a proposal by FDOT to change theway partial takings are considered. According to the new rules, the county Boardof Zoning Adjustments has the power to waive county regulations on propertysevered by partial takings.  Regulationsthat might be waived include the minimum lot size allowed for a residentialhouse or the minimum number of parking spaces required for a business.  This may allow FDOT and other condemningauthorities to offer cut-rate cures that leave homeowners with tiny, inadequatelots, and businesses with insufficient parking to remain viable.

Opposition and Expansion

Theapproval came over the objections of the Martin County Local Planning Agency,whose chairman objected, "Eminent domain should never be easy and itshouldn't be fast."  In addition,the chairman said, "the property owner needs as much protection as theycan possibly get."  Martin Countyplans to apply these new rules to existing projects, including the IndianStreet Bridge Project, which will connect Palm Cityand Stuart over the St.Lucie River. 

FDOTis floating similar proposals in numerous counties throughout the state.  If your county commissioners are consideringsuch a proposal, tell them to stand up for your right to full compensation andjust cures following partial takings.