Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

Session Results 2: Over - restrictive eminent domain bill passes

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.

2055 Wood Street, Suite 206, Sarasota, FL 34237      Phone (941) 681-8700

Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.