Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved

Authors

Scott J. Kennelly

Abstract

This Note initially discusses how the Florida Legislature’s reaction to Kelo v. City of New London was unnecessary. However, accepting that the legislature felt the influence of the body politic to enact significant eminent domain reform, this Note argues that the legislature did not fully consider the consequences of its actions. Instead, the legislature’s measures were overly broad and created ambiguity. Additionally, the measures will have unintended consequences that could leave landowners and the community worse off than under the previous system. Finally, this Note offers solutions that would both provide Florida with a more comprehensive eminent domain framework and capture the Florida Legislature’s actual intent to curb abuse and provide opportunities that benefit the public.

Recommended Citation

Scott J. Kennelly, Florida's Eminent Domain Overhaul: Creating More Problems Than It Solved, 60 Fla. L. Rev. 471 (2008).
Available at: https://scholarship.law.ufl.edu/flr/vol60/iss2/5