Defining Limits Of Eminent Domain Article

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Defining Limits of Eminent Domain

Eminent domain is inherently a limitation of medieval governmental prerogative. Throughout the Middle Ages, if the king wanted your property--be it your cow, your land, or your wife (yeah, she was property back then--there's a reason they were called the Dark Ages!)--all he had to do was ask and you had to give.

Author: Sara Goldstein

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Then in 1215, a bunch of barons forced King James to accept the Magna Carta, which included the statement that the King could not arbitrarily imprison a man or take his property (including his wife) without the "lawful judgment of his peers." What was true for barons in the 13th century has since become true for regular folks like you and me. Your property cannot be taken away without "due process of law" (the wording of the Magna Carta as adapted in 1354).

But what are the limits of eminent domain?

The Fifth Amendment

The Fifth Amendment to the US Constitution is the original basis of all eminent domain law in the US:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In the US, then the limits on the taking of private property have three limits:

• Due process
• Public use
• Just compensation

Eminent domain is limited by these three stipulations, and your property can only be taken if all three conditions are met. How they are defined can vary widely, however.

Florida Law

Every state has the ability to regulate its use of eminent domain, so long as its use of eminent domain does not contradict the basic tenets of the US Constitution. The text of Florida's eminent domain article reads:

(a) No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.
(b) Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another.
(c) Private property taken by eminent domain pursuant to a petition to initiate condemnation proceedings filed on or after January 2, 2007, may not be conveyed to a natural person or private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature.

There are a few differences here between the US and Florida law. The law provides for "full compensation," which has an expansive meaning, allowing compensation to be more extensive under Florida law than US law. In addition, Florida law protects you from eminent domain abuse: it requires that property taken by eminent domain cannot be transferred to private individuals, which forbids the practice of condemning "blighted" property to give it to private developers, who often make millions of dollars of profits off publicly-supported development projects.

The limits on eminent domain ensure that, with the help of an experience eminent domain lawyer, you will not unjustly lose your property to politically-connected interests or arbitrarily due to the will of a political official.

If you are being threatened with eminent domain, you can learn more about the law on the website of The Florida Property Rights Law Firm.

About Author

The Florida Eminent Domain Law Firm represents individuals and businesses when the State of Florida attempts to take their land using Eminent Domain and Condemnation Laws.

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Defining Limits of Eminent Domain