Project Types
Where Florida draws the line on public purpose, and why redevelopment takings face a harder test here than in most states.
Redevelopment is the category where Florida departs most sharply from the national pattern. After the national debate over economic development takings in the mid 2000s, Florida did not simply tighten practice. It legislated.
Section 73.014 of the Florida Statutes prohibits the use of eminent domain to eliminate nuisance, slum or blight conditions, and declares such purposes invalid. Section 73.013 separately restricts conveying property taken by eminent domain to private entities, with defined exceptions for matters such as utilities, public infrastructure and transportation.
The short answer
Florida closed the blight route and restricted passing condemned land to private parties. A redevelopment taking here has to survive tests that most states never apply.
The authority, and the limits placed on it.
Read moreWhich bodies may condemn, and on what basis.
Read moreThe proceeding itself.
Read moreWhat you can raise, and when.
Read moreBusinesses inside a redevelopment footprint.
Read moreThe trade effects Florida allows you to raise.
Read moreArticle X section 6 permits a taking only for a public purpose. A general reference to revitalisation is not the same thing as one.
Section 73.014 prohibits the use of eminent domain to eliminate nuisance, slum or blight conditions. If that is the stated basis, it is worth immediate advice.
Section 73.013 restricts conveying condemned property to private entities, subject to defined exceptions.
Section 73.071(3)(b) business damages are available in Florida in circumstances most states do not recognise, and redevelopment footprints are full of established businesses.
Section 73.013 restricts conveying property taken by eminent domain to private entities, with exceptions defined in the statute. Whether a particular scheme falls within or outside those exceptions is a question for a licensed Florida attorney.
Section 73.014 prohibits the use of eminent domain to eliminate nuisance, slum or blight conditions and declares those purposes invalid under the state constitution.
Business damages under section 73.071(3)(b) may be available subject to their conditions, including the period the business has been established. Raise it early rather than late.
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