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Home My WebLink About2006 02 27 Regular Item 307 Prohibit Use of Eminent Domain CITY OF WINTER SPRINGS Regular Meeting February 13, 2006 022706_COMM_Regular_307 _Oppose_County _EminenCDomain_Section Page 1 of 1 COMMISSION AGENDA ITEM 307 Regular X February 27, 2006 Regular Meeting Mgr/Dept Authorization REQUEST: City Manager requesting the City Commission to authorize the City Manager to send a Formal Letter to the County Charter Amendment Committee opposing proposed Section 1.2 Prohibiting the use of Eminent Domain. PURPOSE: This agenda item is needed to express the Commission's feelings regarding the proposed Prohibition of Eminent Domain. CONSIDERATIONS: Section 1.2 Eminent Domain severely limits the use of eminent domain by municipalities and the County. This proposal is yet another attack on the Home Rule Powers of Municipal Governments and would severely limit the use of eminent domain as a measure for implementing measures related to public health, public safety, and economic development. There is nothing in the public record to support a pattern of abuse of this power among the Cities of Seminole County. Preservation of this right is important and should be preserved. FUNDING: N/ A RECOMMENDATION: It is recommended that the City Commission direct the City Manager to forward a letter to the Seminole County Charter Committee opposing proposed Section 1.2 Eminent Domain in the County Charter. ATTACHMENTS: Seminole County Charter Proposed Section 1.2 Eminent Domain. COMMISSION ACTION: Sectopm 1.2 Domain The public purpose for initiation of eminent domain proceedings by Seminole County, or any municipality therein, shall not include any purpose which provides for the transfer (in whole or in part, by sale or by lease), of the property taken to a private person or entity. In the event of any conflict between this provision and Chapter 163, Florida Statutes, as it may be amended and replaced from time to time. Florida Statues prevent the conveyance of surplus property to private persons or entitiles in accordance with applicable state statutes. Further, this provision shall not apply to properties included in any redevelopment plan which is validy adopted pursuant to Chapter 163. Florida Statutes, as of the effective date of this amendment, and shall not be construed to impair any existing contracts or be inconsistant with any state or federal constitutional provision.