>From: Coalition for Property Rights <[EMAIL PROTECTED]> >To: [EMAIL PROTECTED] >Subject: Summer Eminent Domain Update >Date: Fri, 28 Jul 2006 18:42:26 -0400 (EDT) > > > > > > > > >Coalition for Property Rights > > > > > > > > > > > > > > > > > > Summer Eminent Domain Update > >July 28, 2006 > > >This week, the Ohio Supreme Court unanimously held that the City of Norwood >could not use eminent domain to take Carl and Joy Gamble's home of 35 >years, as well as the rental home of Joe Horney and tutoring center owned >by Matthew Burton and Sanae Ichikawa Burton, for private >development-specifically, a complex of chain stores, condominiums and >office space. The Norwood case and the Gambles have been featured >prominently in the national news stories as the properties are in a >beautiful neighborhood and have been inarguably well-maintained. >In a unanimous and lengthy decision, the Court laid out a series of >important legal opinions. The Ohio Supreme Court explicitly rejected the >U.S. Supreme Court's infamous Kelo decision of June 2005, in which that >Court held that local governments can take property from one person and >transfer it to another because the new owner might produce more taxes or >more jobs than the current one-so-called "economic development." Second, >the Ohio Supreme Court ruled that state courts must apply "heightened >scrutiny" to uses of eminent domain, especially when the property is being >taken for use by another private party; according to the Court, lower Ohio >courts should not simply rubber-stamp decisions by local government to take >property. Next, the Court held that statutes authorizing the taking of >property cannot be vague. The "deteriorating" standard used by Norwood "is >a standardless standard," and the Court rejected it. Finally, the Court >struck down Ohio's statute that allowed property to be taken even before an >appeals court ruled that the taking was legal. >"This decision is a complete and total victory for Carl and Joy Gamble, Joe >Horney, the Burtons and every home and business owner in the State of >Ohio," said Institute for Justice Senior Attorney Dana Berliner, who argued >the case before the Ohio Supreme Court. "The Court stopped the abuse of >eminent domain by Norwood and told Ohio courts that it is their job to >enforce the Constitution and make sure that eminent domain really is for >public use. Ohio has a terrible history of its cities abusing eminent >domain for private development, and that abuse would have increased >exponentially if the Court had ruled in favor of Norwood." >To view the Norwood v. Horney, et >al., visit: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-3799.pdf >Update on Susette Kelo >For CPR readers who might have wondered, "What ever happened to Susette >Kelo?" (the Connecticut homeowner whose legal fight against the City of New >London took her to the U.S. Supreme Court and brought the issue of eminent >domain abuse to the national forefront) Unlike the State of Florida, the >Connecticut Legislature failed to adopt meaningful eminent domain reforms >in their recent session - leaving Connecticut landowners unprotected. >Earlier this summer, Kelo and fellow homeowner Pasquale Cristafaro had >refused settlements offered by the city and faced a May 31 eviction order. >To avoid the media frenzy which would have occupanied a forcible eviction >and bulldozing the home, Connecticut Gov. M. Jodi Rell intervened and >settlement agreements were reached between parties whose financial terms >were not fully disclosed. >The settlement recognized the new national significance of the Kelo home >and its personal value to Ms. Kelo. The City agreed to pay to physically >move Kelo's quaint peach house to another lot within the Fort Trumbull >neighborhood which will be purchased by the City at their cost and Ms. Kelo >will have unconditional title to the property. Kelo, 49, can remain in the >19th-century cottage at its present waterfront location for as long as a >year, until a new site is selected. (The news coverage of this settlement >also revealed the interesting fact that the Kelo house was not originally >built on the property, but had been moved to its current location >previously.) >As part of the settlement with the Cristofaro family, city officials will >pay for a new home in the area and agreed to install a plaque in Fort >Trumbull honoring family matriarch Margherita Cristofaro, who died at 73 >while the case was pending. "I am not happy. I am far from happy. What I >wanted was to keep the house," said Michael Cristofaro, one of Pasquale's >sons. "But we need to put a close to this..." >Florida's 5TH DCA Reaffirms Constitutionality of Bert Harris Act >In another area of takings law, Florida's Fifth District Court of Appeal >reaffirmed the constitutionality of the Bert J. Harris, Jr., Private >Property Rights Protection Act of 1995. In Brevard County vs. Charles R. >Stack, Trustee the County challenged the constitutionality of the Bert >Harris Act court on several grounds, including: 1) The Act authorized >local governments to contract away their inherent sovereign police powers >and requires them to buy-back their ability ot exercise these powers, both >of which violate the due process clause, 2) constitutes an illegal of >public funds, 3) violates the separation of powers doctrine, and alters and >enlarges the judiciary's interpretation of a taking under Florida's >Constitution, and 4) delegates legislative power to the courts because the >Act has no standards, conditions or criteria to guide the judiciary. >The 5th DCA found the Claims without merit, stating, "In sum, we do not >find that any of the challenges made by the County regarding the >constitutionality of the Act are viable." >Unfortunately for the property owners, the Court ruling affirmed in part, >reversed in part and remanded the case back to the trial court. The ruling >(Case#5D05-2935) can be viewed at: >http://www.5dca.org/Opinions/Opin2006/071006/5D05-2935.op.pdf > > > > > > > >Corporate Sponsors: > > > >A. Duda & Sons, Inc. 407-365-2111 www.duda.com > > > >Acquisition Consultants, Inc. 407-322-0038 >[EMAIL PROTECTED] > > > >Akerman Senterfitt Attorneys at Law 407-423-4000 www.akerman.com > > > >Axel Real Estate Inc. 407-366-6510 [EMAIL PROTECTED] > > > >Bob Harrell Properties 407- 859-2601 > > > >Brigham Moore LLP Eminent Domain & Property Rights Lawyers > > 1-800-380-3338 www.eminentdomain.com > > > >Brossier Company 407.644.5574 [EMAIL PROTECTED] > > > >Burkett Engineering, Inc. 407-246-1260 > > www.burkettengineering.com, [EMAIL PROTECTED] > > > >Buttrey Development 407-296-0016 > > > >Carrigan Realty, Inc. 407-568-2145; [EMAIL PROTECTED] > > > >Central Florida Real Estate Ventures, Inc. > > > >Charles Owen, Kissimmee > > > >Charles Tiedtke Land Trust > > > >Citizens Bank of Oviedo 407-365-6611 www.cboviedo.com >[EMAIL PROTECTED] > > > >Clayton Investments, Ltd. 407-644-6200 > > > >Clear Channel Outdoor, Inc. 407-298-6410 www.clearchanneloutdoor.com > > > >Clifton, Ezell & Clifton Golf Design Group 386-734-2321 > > www.cecgolfdesign.com, [EMAIL PROTECTED] > > > >Crescent Resources, LLC 407-804-1200 www.crescent-resources.com > > > >Crittenden Fruit Company, Inc. 407-877-2455 [EMAIL PROTECTED] > > > >Crosland, Inc. 407-856-4899 www.crosland.com > > > >Doudney Investment Co. 407-481-2283 > > > >DRMP: Engineers Surveyors Planners Scientists 407-896-0594; www.drmp.com > > > >EuroCapital Partners 407-645-5244 [EMAIL PROTECTED] > > > >Famlee Investment Company 407-857-2835 > > > >First Commercial Bank of Florida 407-835-1835 www.fcbflorida.com, >[EMAIL PROTECTED] > > > >First Realty Advisors, Inc. 407-423-7700 > > > >Fixel, Maguire & Willis, Eminent Domain & Condemnation > > Orlando 407-228-9522, Tallahassee 850-681-1800 > > www.fla-eminentdomain.com, [EMAIL PROTECTED] > > > >Fry Hammond Barr 407-849-0100 www.fhbnet.com > > > >Gaylord Merlin Ludovici Diaz & Bain, P.A. > > Eminent Domain Inverse Condemnation & Property Rights > > 813-221-9000 www.gaylordmerlin.com > > > >Goetz Homes LLC 407-482-0333 [EMAIL PROTECTED] > > > >GrayRobinson, P.A. - Land Use, Eminent Domain, Property Rights lawyers. > > www.gray-robinson.com, [EMAIL PROTECTED], > > [EMAIL PROTECTED], [EMAIL PROTECTED] > > > >Haddock Professional Association > > > >Hewitt Properties, Inc. 407-318-7370 > > > >Hickory Hammock Groves [EMAIL PROTECTED] > > > >Kantner Foundation > > > >Keating & Schlitt, P.A. 407.425.2907 [EMAIL PROTECTED] > > > >Keewin Real Property Company 407-645-4400 [EMAIL PROTECTED] > > > >Land Plus, Inc. 407-876-8848 > > > >LeeVista 407-857-2835 > > > >Lifeway Homes, LLC 407-2212-8613 www.lifewayhomes.us > > > >Lunsford Brothers Ranch > > > >M & H Citrus, Inc. 407-359-9862 > > > >Maury L. Carter & Assoc., Inc. 407-422-3144; www.maurycarter.com > > > >McCall Properties, Inc. 407-423-0416 > > > >McCree, Inc. Architects, Engineers & General Contractors 407-898-4821 >www.mccree.com > > > >MerryGro Farms 888-301-ROSE 352-589-0868 www.merrygro.com > > > >ML Carter Development Corp. 407-581-6202 > > > >Morgan Stanley 407-849-4700 www.morganstanley.com, >[EMAIL PROTECTED] > > > >MSD Investments, Inc. of New Smyrna Beach > > > >Nelson & Company, Inc. 407-365-6631; [EMAIL PROTECTED] or >[EMAIL PROTECTED] > > > >Outlook Media 407-363-1212 [EMAIL PROTECTED] > > > >Phoenix Real Estate Co. 407-628-4005 [EMAIL PROTECTED] > > > >Pinel & Carpenter Appraisers, Inc. 407-648-2199 www.pinelcarpenter.com, >[EMAIL PROTECTED] > > > >Red Fox Trucking 407-365-5909 > > > >S.E. Correct Craft, Inc. 407-851-5226 [EMAIL PROTECTED] > > > >Schafer, Mitchell & Sheridan, P.A. Certified Accountants 407-839-3330 >[EMAIL PROTECTED] > > > >Schrimsher Properties of Central Florida, Inc. 407-423-7600 > > > >Shuffield Lowman Wilson, P.A. Attorneys At Law 407-581-9800 > > > >SMD Development, Inc. 407-645-8541 > > > >Standard Pacific Homes 407-647-3811 [EMAIL PROTECTED], www.stanpac.com > > > >Stellworth Properties LLC 407-331-0015 [EMAIL PROTECTED], >[EMAIL PROTECTED] > > > >The Ginn Company 407-999-9022 www.theginnco.com > > > >* Along with many other property-minded individuals and businesses. > > Join today and help support CPRs efforts to defend the >American Dream! > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > If you would like to opt out of further e-mail > communications, click >here. > > > > > ForumWebSiteAt http://groups.yahoo.com/group/Libertarian Yahoo! 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