Eminent Domain Update

Worldnetdaily had a couple interesting stories on eminent domain from Florida.

First, we’ve got a city that’s suing its own citizens:

In what appears to be another case of eminent domain, with the city claiming an unchallengeable right to redevelop the quiet beachfront community, officials say they retained legal services after the rebellious residents collected signatures on a petition demanding the issue be put to a vote, WTSP-TV in Tampa-St. Petersburg reported yesterday…

According to the city’s charter, citizens can call for a vote on “any adopted ordinance,” but city officials decided to sue because they say the state won’t allow citizens the right to vote on a redevelopment plan like the one under consideration.

Same type of arrogance we’ve seen in Boise with the attempts to stop the Ten Commandments vote by splitting hairs over what’s an Administrative decision (a distinction made nowhere in law.) Lets be honest that City leaders don’t really like citizens over-rulling them, they’d rather get rid of these proposals that were put in place by refomers to give people a voice in what happens in their community. In Florida, its vital because people’s homes are at stake.

On the other side, Worldnetdaily has been enjoying the upsurged in interest since Kelo in these type of stories and their disappointed showed when a community gave up its battle to save their homes.

Headline:
Eminent ‘doughmain’:
Cash greases owners

With that, we’re going to get great unbiased coverage:

Martha Babson was among the critics in the television spotlight, but she is closing on a deal to sell her house tomorrow. She has been offered more than three times the appraised value of her $202,454 home by the son of Miami Dolphins owner Wayne Huizenga.

Eminent-domain critic Martha Babson of Riviera Beach, Fla., has decided to sell her home (courtesy: South Florida Sun-Sentinel)

“The new boy in town is Wayne Huizenga [Jr.], and he’s coming through with practically a blank check book,” Babson told the South Florida Sun-Sentinel. “They bought the entire street and they bought the street north of me. … They are out all day making people offers. They are paying money nobody ever expected to see.”

Babson’s specific deal allows her to stay one more year in her house for free, before she moves to Gainesville, Fla., where she plans on working as a massage therapist.

“I can buy a house without a mortgage. I can have a car without a car payment,” she told the Palm Beach Post. “I’m so relieved.”

But Worldnetdaily had a story to tell! They wanted tearful people ripped from their homes, dang it! How dare you think of yourself, what about the muckraking press!

I’m glad for the residents in that area. To be fair, though. The reason Huizenga is paying this is really a “Pay Me Now” or “Pay Me Later” situation. The story got national publicity. What was going to follow months of hearings and process for the town to cease these homes was a costly court case. Huizenga was going to have to put off the project which was going to cost him money plus court costs, so he paid up big time.

I honestly have no problem with what the residents or Huizenga did. What you’re talking about is the private transfer of private property between private individuals. That’s freedom, that’s free enterprise.

I like my house, but if someone came and offered me 3 times its Market Value, I’d probably push for 3.5 and then take it. The problem is when the Government comes in and seizes my property under the idea of eminent domain and I get barely enough to pay off the mortgage and not enough for a downpayment. Or I fight their violation of the plain text of the fifth amendment and am forced to pay back rent for living in my own home. As its my home, its mine to also do with it as I please, including selling it to Wayne Huizenga for the right price.

As seen on The Florida Masochist

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Eminent Domain