Florida Residents Sue To Prevent Eminent Domain

The City of Riviera Beach has struggled for years to encourage redevelopment of its declining commercial and residential areas. Several plans have been developed over the years to capitalize on the City's access to navigable waterways. The City has worked with State and County officials in its efforts, struggling to turn around its declining economy.

At one time, Governor Jeb Bush had praised the City's redevelopment effort. In the aftermath of the 2005 Supreme Court ruling allowing cities to take homes and businesses for private development, though, the climate changed. The Governor signed a law outlawing the ability of local government to take private property, and then convey that property to a private developer. Despite the law, Riviera Beach decided to continue with their ongoing $2.4 billion redevelopment efforts, and contracted with developer Viking Inlet Harbor properties. In response, four Riviera Beach business owners and residents filed a lawsuit to end the threat of the City using eminent domain to take their properties.

The litigants are not seeking money, but are asking the court to declare the city's redevelopment plans unconstitutional. They are represented by the Institute of Justice, a Washington, D.C. - area firm that fights eminent domain cases across the U.S. Attorney Dana Berliner called the Riviera Beach case a "test case" for the country.

Thanks to Sheryl Stolzenberg