As we’ve discussed in this series, the government’s power of eminent domain is not absolute. It must meet specific requirements, most importantly, the “necessary public use” requirement. But what exactly does that mean?
The Fifth Amendment and “Public Use”
The Fifth Amendment of the U.S. Constitution states, “…nor shall private property be taken for public use, without just compensation.” This clause is the foundation of eminent domain law.
Historically, “public use” was interpreted narrowly, typically meaning projects like roads, government buildings, or public utilities. However, over time, the interpretation has broadened.
Expanding the Definition of “Public Use”
In the landmark 2005 Kelo v. City of New London case, the U.S. Supreme Court expanded the definition of “public use” to include economic development purposes. This controversial decision sparked debates about the balance between government power and individual property rights.
Florida’s Response to Kelo
Florida, like many other states, responded to the Kelo decision by enacting legislation to strengthen property rights. Florida’s Constitution now states that eminent domain cannot be used for the primary purpose of economic development or private redevelopment.
What Constitutes “Necessary Public Use” in Florida?
In Florida, a “necessary public use” generally includes:
- Traditional public uses: Roads, bridges, schools, hospitals, parks, utilities, etc.
- Public safety: Projects that protect public health and safety, such as flood control or environmental remediation.
- Common carrier uses: Infrastructure for utility companies, pipelines, and railroads.
Challenging the “Necessary Public Use”
If the government attempts to take your property, you have the right to challenge whether the taking is truly for a “necessary public use.” This can involve complex legal arguments and require expert testimony.
How Brigham Property Rights Can Help:
At Brigham Property Rights, we have extensive experience analyzinganalizing challenging eminent domain actions to determine whetherif the proposed useitthat do not meets the “necessary public use” requirement. We can help you:
- Analyze the government’s stated purpose for the taking.
- Gather evidence to support your challenge.
- Present persuasive legal arguments in court.
While the government burden of proof is generally low, our attorneys have successfully challenged takings in the past. If you believe the government is attempting to take your property without a legitimate public purpose or “necessary public use,” don’t hesitate to contact us. We’re here to defend your property rights.