Florida Eminent Domain Blog

Miccosukee Tribe v. Department of Environmental Protection

2012-02-15T09:44:00.002-05:00

In 1982, the Miccosukee Tribe reached a settlement with the State of Florida concerning what land in Florida constituted "aboriginal land". The tribe relinquished its rights to other land. In 1997, the tribe purchased land in Collier County. It wasn't until 2003 that the tribe filed a "fee-to-trust" application with the Department of the Interior (DOI). Before the DOI could take any action on the application, the Department of Environmental Protection filed a petition in eminent domain, to take the land as part of an Everglades restoration project.

The case sat idle until 2010. The Miccosukee Tribe filed a motion for summary judgment seeking to have the land returned because it was taken in violation of the provisions of the Nonintercourse Act of 1834. The Act was intended to protect Indian tribes by ensuring that matters were settled peacefully and that Indians were treated fairly. However, it did not distinguish between Indian trust lands and Indian fee lands. As part of the Indian General Allotment Act of 1887, Congress provided that once any restraints on alienation on Indian land were removed, state civil and criminal law would apply. Based on this, the courts have determined that "the protections of the Nonintercourse Act do not apply to land which has been rendered freely alienable by Congress, held by private parties, and subsequently acquired by an Indian tribe."

The tribe then petitioned for writ of certiorari to overturn the trial court's order that denied its motion for final summary judgment. On December 30, 2011, the petition was denied in this eminent domain case.

MH New Investments v. Department of Transportation

2012-02-06T14:32:00.002-05:00

MH New Investments went to court over an eminent domain dispute. The company owned property leased by L-N-W Pizza. The Department of Transportation needed a portion of the parking lot and acquired it by eminent domain.

L-N-W Pizza (L-N-W) filed a complaint for business damages resulting from the partial eminent domain taking. However, the court dismissed the business damages claim because the restaurant was only leasing the driveway and parking lot, and therefore, only held a license to use it. Because a license will not support a business damages claim under section 73.071 (3)(b), Florida Statutes, the trial court dismissed the claim.

However, in an appeal, it was argued that L-N-W had "an express and enforceable right to use the areas at issue for the term of the lease. This is sufficient to support a claim for business damages in eminent domain." Night Flight, Inc. v. Tampa-Hillsborough County Expressway Auth. 702 So. 2d 538 (Fla. 2d DCA 1997).

Hillsborough Area Regional Transit

2012-01-20T16:50:00.004-05:00

Hillsborough Area Regional Transit (HART) is planning a park-and-ride station on Faulkenburg Road in Brandon. The new station, with 200 to 250 parking spaces and covered waiting areas, would allow buses to take commuters to downtown Tampa and MacDill Air Force Base.

However, the owners of the property, DDR Corp., have rejected three offers of more than $1 million for the land. The latest offer of $1.38 million came in a letter from HART's representative, American Acquisition Group, LLC. The letter included information on the Florida statute dealing with eminent domain and the HART board may pursue efforts to condemn the property if negotiations are unsuccessful.

DDR manages North Point Plaza on Dale Mabry and New Tampa Commons on Bruce B Downs and Dona Michelle Drive, in addition to 538 shopping centers in 41 states, Puerto Rico and Brazil. DDR acquired the property on Faulkenburg approximately three years ago to build an apartment complex, hotel and shopping plaza. The land that HART wants is where the hotel would be built.

HART is also in the process of purchasing property on Fletcher and Interstate 75. Funding for the two park-and-ride stations came from a transit project bond approved by the Hillsborough County Commissioners. A new rapid bus transit system is included in the bond to commute passengers to downtown Tampa, the University of South Florida area and the Westshore district.

2010-05-25T14:41:00.002-04:00

Florida's High Speed Rail

Orlando International Airport is planning a Grand Central Station in preparation for the new high speed rail that is planned for Central Florida.

Grand Central Station will include restaurants, a hotel and rental-car counters. The plan is to link the rail lines at this location and be a hub for the entire state. It will be located about one half mile south of the airport's main terminal.

The first phase of the rail system will begin with downtown Tampa to Orlando International Airport. The long term plans include high speed lines from Miami, Port Canaveral, Jacksonville and Tallahassee. Part of the funding for this rail system will come from the $1.25 billion federal-stimulus grant that Florida won in January.

2010-05-20T16:40:00.001-04:00

Port St. Lucie - Crosstown Parkway Bridge

The city of Port St. Lucie will need to purchase more homes and land in order to build a bridge over the North Fork of the St. Lucie River. They are trying to determine the best location for the bridge and the information will be discussed at a hearing in November. Residents are welcome to attend to give their input.

The plan for the Crosstown Parkway has been in progress for the past ten years. The affected homeowners have known for years about the plan and will be given sufficient notice. The city has spent several years purchasing the land and homes in the surrounding area. The city did not have to use eminent domain, because the homeowners were willing to sell their property.

The environmental impact statement will be finalized by March 2012. This statement is required when building over environmentally sensitive areas. If the project is approved, it should be completed in 2013.

2009-07-29T15:00:00.000-04:00

County Road 210

St. Johns County officials are still discussing widening County Road 210. The road expansion could affect Sawmill Lakes residents by acquiring the land needed to widen the road. The Guana Reserve, on the other side of the road, is a protected state park.

Municipal Service District chairman Gary Jurenovich believes the road should be widened since it is an evacuation route.

Pointe Verda Coalition president, Clara Cowen, would like to use the money needed to put in bike paths and sidewalks, and just fix the road rather than rebuild it.

If the county cannot acquire land for improvements, Parc Group, the developer of the Nocatee development, will have to contribute about $5.5 million in February 2012. The money would stay in Ponte Vedra Beach and go toward road improvements in that area.

2009-06-30T13:00:00.003-04:00

Holmes County

The American Civil Liberties Union (ACLU) and American Center for Law & Justice (ACLJ) served a complaint against Holmes County. In 2006, Daniel Stone purchased a parcel of land in Holmes County. Kenzi Harris owns the property next to it.

The dispute between the two neighbors began when Mr. Stone's fiance, Ms. Hagan, filed a complaint stating that Mr. Majors, a person visiting Mr. Harris' home, was driving at high speed on the easement and endangering her children who were outside.

Mr. Harris is a personal friend of Holmes County Commissioner Jim King. A short time after the disagreement, the Holmes County Road Department began grading the easement. It is stated in the complaint that the grading was done as a personal favor to Mr. Harris.
http://www.aclufl.org/pdfs/StoneVHolmesCounty.pdf

The original width of the easement was approximately 12 feet. The County had increased it to 40 feet. Trees and bushes had been removed. County employees had driven through Mr. Stone's yard, crushing the septic tank field lines and a tricycle.

The complaint states that Holmes County did not formally exercise the power of eminent domain and that Mr. Stone had not been compensated for the land. Their actions constitute an unlawful taking of a portion of this property by inverse condemnation.

2008-12-15T11:50:00.002-05:00

Natural Gas Pipeline

Manatee County may be getting another natural gas pipeline. The Florida Gas Transmission Co. filed an application with the Federal Energy Regulatory Commission to install an underground pipeline throughout Florida and part of Alabama and Mississippi.

A metering and regulating station will be built at Florida Power and Light's Manatee County Power Plant to regulate and measure the flow of natural gas. The pipeline will extend from the plant towards St. Petersburg and Sarasota.

The proposal states that 365 of the 483 miles of pipeline will be built parallel to existing pipelines, which start in Miami and run along the east coast to Orlando. The new pipeline will cross over to Gulf Coast as well as branch out to the northwest towards the panhandle.

Natural gas will help produce electricity to meet the increasing demands. If the application is approved, the project would begin in 2010 and the estimated completion date is the spring of 2011.

If you believe that your property may be impacted by this project, contact eminent domain attorney Michael H. Rosen today at (813) 314-4500 or by email at mrosen@saxongilmore.com.

2008-12-12T09:55:00.004-05:00

Florida Keys National Park

Monroe County Administrator, Roman Gastesi, and others proposed a $1.2 billion project to the state and federal governments to help keep certain areas of the Florida Keys from being developed by their current owners.

The county's land mapping system states that "Tier 1" lands contain the most sensitive vegetation species and 7,275 acres of the Florida Keys fall into this category.

The land is privately owned by developers, however, so this may lead to lawsuits. Monroe County has paid more than $12 million since 2002 to settle lawsuits in which the county took the land by eminent domain. The county is hoping the federal government will purchase the land for $1.2 billion, so that the county doesn't have to be involved.

Everglades, Biscayne and Dry Tortugas National Parks are near the Keys and each are protected from development by the National Park Service. The Florida Keys National Marine Sanctuary and Key West and Great White Heron National Wildlife Refuges protect the habitat for birds, manatees and fish. So why shouldn't the National Park Service protect the vegetation, too?

We will keep you informed of the status of this proposal.

2008-12-10T16:45:00.005-05:00

Hillsborough County Moves Forward with Bell Shoals Road Widening

Hillsborough County is moving forward with its Bell Shoals road widening project. The County is in the process of identifying the right of way that will need to be acquired from property owners. The County is expected to begin acquiring right of way in the first quarter of 2009.

If you believe that your property may be impacted by this project, contact eminent domain attorney, Michael H. Rosen, today at 813-314-4500 or by email at mrosen@saxongilmore.com.

2008-10-14T09:07:00.008-04:00

Property owner and state agree to Wekiva Parkway land deal

Property owner Jim Palmer and state agencies agreed to a purchase price of $30.5 million to purchase a 385 acre tract of land critical to the construction of a beltway around Orlando to protect the nearby Wekiva River. The land deal paves the way for the 25-mile Wekiva Parkway, which will travel through Orange, Lake, and Seminole counties.

The parties originally brokered a deal to purchase the property for $37.5 million, but the current economic downturn in property values played a role in the reduced purchase price.

The settlement was a compromise in positions. The state had valued the property between $25 and $28 million. The settlement called for the expressway authority to pay $3 million towards the purchase price and $2.5 million for the owner's consultant and legal fees. The state will kick in the remaining $25 million.

2008-09-24T15:32:00.005-04:00

Utility Companies and Eminent Domain: Has your property been targeted?

The Florida Department of Environmental Protection has recently launched a new web page devoted to answering some frequently asked questions by property owners who learn that their property is being targeted by a utility with the power of eminent domain. The website is located at http://www.dep.state.fl.us/siting/programs/Eminent Domain.htm. For information about your legal rights or to speak with an eminent domain attorney, contact the law firm of Saxon, Gilmore, Carraway, Gibbons, Lash & Wilcox, P.A., toll free at 866.553.3272.

2008-09-16T14:44:00.003-04:00

Sarasota County to keep Honore Ave 2 lanes

The County's decision to keep Honore Ave two lanes instead of four was based in part on its previous decision to four lane Bahia Vista Street which created problems in destroying large oak trees and bringing pavement and walls to homeowners' yards.

Not wanting to make the same mistake twice, the Sarasota County Board of County Commissioners decided to keep the 2.7 mile stretch of Honore Avenue between Fruitville and Bee Ridge Roads two lanes instead of four. The County says that its decision marks a fundamental policy change in its transportation policy.

Although property owners are spared the taking of their property by eminent domain, the road will likely experience greater congestion during rush hour.

2008-09-10T16:00:00.006-04:00

Polk County Moves Forward on Kathleen Road Widening

Polk County is moving forward with acquiring right of way as part of its advance acquisition program for the widening of Kathleen Road (Phase II Project from Galloway Road to Duff Road). The proposed settlement offers to the property owners in this program are currently scheduled to be considered by the Board of County Commissioners in September, 2008.

The County also intends to acquire the right of way it needs from the remaining property owners in order to widen the road from 2 to 4 lanes. The construction plans are in the process of being updated. The County anticipates hiring real estate appraisers in order to make offers to the affected property owners.

Florida law guarantees property owners the right to "full compensation" for the taking of their property. This constitutional guarantee requires that the County pay the attorney fees and expert fees of the property owner in accordance with Florida Statutes.

2008-08-04T14:59:00.003-04:00

Jax Port Authority decides against taking Keystone Coal property

The Jacksonville Port Authority has decided not to acquire the property owned by Keystone Coal following a recent jury trial. The 70 acre property is located along the St. Johns River. The jury concluded that the property was worth $67 million dollars. Based on Florida law, the Port Authority filed condemnation proceedings where it would have the option of deciding whether it wanted to acquire the property following the verdict. In the end, the property was just too expensive.

2008-07-31T16:59:00.003-04:00

Palm Beach County to use eminent domain for Boca Rio Road

Palm Beach County plans to acquire at least eight properties by eminent domain for improvements to Boca Rio Road. The properties are located between Palmetto Park Road and Glades Road. The eight property owners have rejected the County's initial offers. The County has valued the properties at $330,000.

2008-07-23T11:59:00.005-04:00

Polk County Moves Forward on Kathleen Road Project

Polk County plans to widen Kathleen Road (CR 35A) from 2 to 4 lanes from North Galloway Road to Duff Road. If your property or business is being impacted by this project, call us today for additional information.

2008-07-18T15:19:00.004-04:00

FPL Announces Transmission Line Project

FPL is planning to construct a new 230-kilovolt transmission line in the West Ellenton area of Manatee County. The transmission "loop" will provide a connection between FPL's existing transmission grid and a new substation being constructed east of the intersection of 16th Ave East and 21st Street Court East. To help minimize the effects on neighborhoods, FPL will be using existing roadways and its own railway corridor in this area.

2008-07-07T11:07:00.008-04:00

Jacksonville Port Authority Reverses Condemnation Decision

The Jacksonville Port Authority recently notified Zion Jacksonville Limited Partnership that it no longer plans to acquire its property by eminent domain. Rick Ferrin, the Executive Director of the JPA told Abraham Zion, principal of Zion Jacksonville, last week that the authority doesn't plan to exercise its eminent domain power. He plans to recommend that the board rescind its resolution that authorized the staff to pursue condemnation.

"Our need for the property is not immediate," Ferrin said.

2008-06-27T16:33:00.007-04:00

Florida Eminent Domain Attorney Michael H. Rosen Discusses Eminent Domain Issues before National Audience in Washington, D.C.

The Florida Bar News recently reported that eminent domain attorney Michael H. Rosen, a partner with the law firm of Saxon, Gilmore, Carraway, Gibbons, Lash & Wilcox, P.A., located in Tampa, Florida, recently spoke on the topic of eminent domain at the Housing Development and Law Institute Conference in Washington, D.C. Mr. Rosen also served as a moderator for the conference which was attended by housing and government officials from across the nation.

2008-06-27T14:11:00.002-04:00

Condemnation Sought For Clam Bayou Restoration Project

In order to restore Clam Bayou, the Southwest Florida Water Management District (SWFWMD) will ask the City of St. Petersburg to acquire property by eminent domain.

SWFWMD plans to build a stormwater retention pond as part of its project. The decision to acquire the property by eminent domain was approved by SWFWMD on June 4th. The sum of $200,000 has been allocated for the condemnation process.