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Florida city considers eminent domain to take 6000 homes from the residents.


DeanCollins

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http://www.washtimes.com/national/20051003-122623-2136r.htm

Florida city considers eminent domain

By Joyce Howard Price

THE WASHINGTON TIMES

October 3, 2005

Florida's Riviera Beach is a poor, predominantly black, coastal community that intends to revitalize its economy by using eminent domain, if necessary, to displace about 6,000 local residents and build a billion-dollar waterfront yachting and housing complex.

"This is a community that's in dire need of jobs, which has a median income of less than $19,000 a year," said Riviera Beach Mayor Michael Brown.

He defends the use of eminent domain by saying the city is "using tools that have been available to governments for years to bring communities like ours out of the economic doldrums and the trauma centers."

Mr. Brown said Riviera Beach is doing what the city of New London, Conn., is trying to do and what the U.S. Supreme Court said is proper in its ruling June 23 in Kelo v. City of New London. That decision upheld the right of government to seize private properties for use by private developers for projects designed to generate jobs and increase the tax base.

"Now eminent domain is affecting people who never had to deal with it before and who have political connections," Mr. Brown said. "But if we don't use this power, cities will die."

Jacqui Loriol insists she and her husband will fight the loss of their 80-year-old home in Riviera Beach.

"This is a very [racially] mixed area that's also very stable," she said. "But no one seems to care ... Riviera Beach needs economic redevelopment. But there's got to be another way."

In the Kelo ruling, a divided Supreme Court held that private development offering jobs and increased tax revenues constituted a public use of property, but the court held that state legislatures can draft eminent-domain statutes to their satisfaction.

Dana Berliner, senior lawyer with the Institute for Justice, which represented homeowners in the Kelo case, said "pie in the sky" expectations like those expressed by Mr. Brown are routine in all these cases.

"They always think economic redevelopment will bring more joy than what is there now," she said. "Once someone can be replaced so something more expensive can go where they were, every home and business in the country is subject to taking by someone else."

Last week, the Riviera Beach City Council tapped the New Jersey-based Viking Inlet Harbor Properties LLC to oversee the mammoth 400-acre redevelopment project.

"More than 2,000 homes could be eligible for confiscation," said H. Adams Weaver, a local lawyer who is assisting protesting homeowners.

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I didn't see this posted before. Any watch Hanity and Combes last night.

Do you think that Riviera Beach will get away with this?

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Does Jesse know about this?

.......

Of course the program last night centered around a good looking culturally diverse section of the neighborhood. The houses looke typical to me. Not "blighted" as the city called it. Not that that matters imo, it's wrong to take private property thru ED and hand it over to private developers for proffit.

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The Mayor is Black saw him on Hannity and colmes last night talking about adding a state of the art aquarium and while the place is predominantly black you saw alot of different races there along with the blacks who let the cameras into their homes which had Mrs ND saying whats wrong with those homes we could move there.

They are not milion dollar homes but they looked well kept. I'm sure there are some places that can be revitalized in that area but obviously with the homes a stone throw to the water this is more about prime real estate.

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Of course the program last night centered around a good looking culturally diverse section of the neighborhood. The houses looke typical to me. Not "blighted" as the city called it. Not that that matters imo, it's wrong to take private property thru ED and hand it over to private developers for proffit.

I definitely agree. There are several things the mayor/local government can do to spur growth outside of this option.

.....

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The Mayor is Black saw him on Hannity and colmes last night talking about adding a state of the art aquarium and while the place is predominantly black you saw alot of different races there along with the blacks who let the cameras into their homes which had Mrs ND saying whats wrong with those homes we could move there.

They are not milion dollar homes but they looked well kept. I'm sure there are some places that can be revitalized in that area but obviously with the homes a stone throw to the water this is more about prime real estate.

Agreed.

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Even if they drag this out in hopes of Alito being confirmed could reverse the kelo v new london decision they are still a vote short.

Thus they must hope public outcry and sympathy will change the mayor's mind, but he has that look Marion Barry had when he thought of condos (taxes) overlooking Anacostia if he revitalize part of the grounds of St Elizabeth hospital but was thwarted by numerous landmarks on the land.

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If the people don't like it, they can vote out the mayor and the city council ... that's a lot easier than trying to litigate a case all the way to the Supreme Court.

If Alito is confirmed, don't expect anything to change. I would be very surprised if the Supreme Court hears another eminent domain case for at least 5 years, and when they do, I would be very surprised if it overturned Kelo - it likely will only change things slightly.

One of the main reasons the Court ruled the way it did is that it would be impractical to have federal courts deciding what a "public purpose" is in every single case of eminent domain. Kelo keeps these cases out of the hands of the lawyers and puts them into the hands of voters.

All they have to do is vote out the mayor and city council.

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If the people don't like it, they can vote out the mayor and the city council ... that's a lot easier than trying to litigate a case all the way to the Supreme Court.

If Alito is confirmed, don't expect anything to change. I would be very surprised if the Supreme Court hears another eminent domain case for at least 5 years, and when they do, I would be very surprised if it overturned Kelo - it likely will only change things slightly.

One of the main reasons the Court ruled the way it did is that it would be impractical to have federal courts deciding what a "public purpose" is in every single case of eminent domain. Kelo keeps these cases out of the hands of the lawyers and puts them into the hands of voters.

All they have to do is vote out the mayor and city council.

Yes, but can they vote them out before it is approved?

Once the system is in motion it is hard to stop.

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Yes, but can they vote them out before it is approved?

Once the system is in motion it is hard to stop.

maybe not ... but they can certainly put a lot of pressure on the council. These decisions aren't made overnight and seeing as how it's already all over the news, I bet the timetable will be pushed back even further.

Also, even if they aren't ultimately successful on the merits, they can probably still file a lawsuit and further delay construction for at least a while.

If the population of the town really doesn't want this, they will find a way. Kelo may have changed the underlying rule, but it didn't change the way this game is played.

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Thanks a lot Supreme Court. You had to know this type of bull**** would increase after that ruling.

Whatever happened to the Lost Liberty Hotel idea?

Um, I'd like to point out that the reason the SC gave for their ruling was "It's been happening for over 100 years, is was apealed way back when, and it was upheald."

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Wonder what the proceedures are for a recall election.

Think 6,000 signatures would be hard to get?

:)

Well the population is over 30,000 so the others that would benefit might not go along with a recall,plus you always have some that are happy to get bought out.

We have a situation in my hometown where some are fighting for and against, but most just don't care.

IMO issues like this should be put to a public vote,rather than simply the city council deciding.

I really hate to see anyone forced out of thier home. :2cents:

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Someone said a roar was coming. Trust me... it's going to take more than that to put the Federal Govt. back in their Constitutional Box. It's going to be a revolution.... where the great unwashed starts paying attention to elections and starts voting these ****roaches out of office.

When does it happen? Well... I can't see critical mass being reached until the poor and impoverised are directly affected by legislation that makes even the uneducated go...."WTF.... That doesn't sound fair?"

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