The legislature passed a grossly over-restrictive eminent domain bill. Here's the link. It will generally require a condemning authority to hold property for 10 years before conveying it to a private party or entity.
Even worse - it purports to prevent the use of eminent domain to acquire blighted properties (OK, anti-CRA) and holdst that the use of eminent domain to abate a public nuisance is not a valid public purpose.
Given the court cases out there that hold that over-restrictive nuisance abatement actions (like shutting down a motel for a year without first giving the owner a fair chance to abate nuisances) constitute a taking - inverse condemnation - this legislative holding is patently ridiculous. The essence of the injunctive power of courts to order a private party to cease a zoning violation is that such violations are public nuisances. If there is no valid public purpose in buying property to abate a nuisance, how can there be a valid public purpose in ordering a person to abate it?
Can't wait to see THAT as a defense.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Chủ Nhật, 7 tháng 5, 2006
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
That's the lede in this solid article on South Florida lawyers starting to make deals again, by the always intrepid Julie Kay: Jim Meye...
-
Aggravated Stalking Felony If you have been charged with ASSA6001 AGGRAVATED STALKING you can c all a Defense Attorney Tampa at 1-877-793-92...
-
False Information Pawnbroker Form If you have been charged with PAWN8010 FALSE INFO ON PAWNBROKER FORM (UNDER $300) you can call a Tampa Cri...
-
Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Gin Gibsons sexy Israelis Hitler Alfred E. Neumann windsurfing Bo Derek ...
-
Several in-the-know readers have passed along an incendiary anonymous memo making the rounds among administrators and trustees regarding fin...
Không có nhận xét nào:
Đăng nhận xét