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Originally Posted by cstratton
Neil
I'm an attorney in Tallahassee. I worked for the Florida DOT from 1979 to 1986 condemning property for road widenings. When I left I was th Chief Eminent Domain attorney supervising 18 attorneys statewide.
Since 1986 I have continued to practice exclusively in eminent domain almost 100% for property owners. Most of the time the issue is to get the most $$$$$ for the property taken, damages to the remaining property and business damages in the cases that qualify. Sometimes the big issue is relocating owners or tenants. once in a while we have a client who doesn't want their property taken.
We almost always get more $$$$. Stopping the government from taking property is possible but unlikely.
Yesterday Charlie Crist our atty general said the New London situation could not happen in Florida. I dissagree. It has and will continue to happen in Florida.
I got an email today saying that Allan Bense, the speaker of the Florida House, is appoint a committee to look into changes in the Florida law to keep the New London situation from happening in Florida.
I took part in 2 meetings last week in Orlando where this issue was discussed by attys and other eminent domain professionals ie. appraisers, Cpa's, engineers, etc.
The people who work for government thought the supremes did the right thing because they said government would not abuse the power, etc.
My position is that even though the court's decision is good for my business it stinks. First because the government should never be able to take one person's property and give or sell it to another private person or entity. Furthermore in many instances they take a person's property and or business and do not paay for relocation. Federal law requires relocation if federal money is used for the project. The Florida DOT follows federal reloction guidelins in all cases even if no federal money is involved. The government entities that get involved in projects like New London almost never pay for relocation.
For example, the government takes your house for $ 100,000. A replacement costs $ 135,000. Federal relocation would require the DOT to pay $ 135,000 plus all closing costs , moving costs, etc. If the Community redevelopment agency in a Florida city or county took your house and paid you $ 100,000 and you had to pay $135,000 to replace it ,you'd have to borrow or come out of pocket for the additional $ 35,000 plus closing costs, moving costs, etc.
Take it from who has been involved in eminent domain cases for almost 30 years , everyday, the Supremes blew it . It seems like the politicians and the people don't agree with the Supremes and maybe we can make things a little better.
to sum up IT STINKS !!!!!
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