Eminent Domain Lawsuit

Two legal advocacy groups that sued the city last year over its use of eminent domain will withdraw their lawsuits on May 9th, and declare victory for local businesses and homeowners. The Pacific Legal Foundation and the Institute for Justice represent Riviera Beach business and home owners who sued after the city council entered into an agreement with its master developer, Viking Inlet Harbor Properties, to use eminent domain.

In the deal a year ago today, the council agreed to take private property on behalf of Viking as part of its $2.4 billion waterfront redevelopment. Viking had plans to turn 400 acres of mostly blight along the Intracoastal Waterway into shops, restaurants, a hotel, marina, aquarium and condos.

The council's deal with Viking was an attempt to continue using eminent domain even though then-Gov. Jeb Bush was about to sign Florida's new eminent domain law, which outlawed the practice of governments taking private land and giving it to developers for the purpose of economic development. The Pacific Legal Foundation's managing attorney said it was withdrawing the lawsuit because her clients feel secure that the city will not try to use eminent domain in violation of the law. In November, the council adopted a resolution agreeing to abide by Florida's new eminent domain law. But both legal groups believed the resolution left the door open for the city to challenge the law. New Council Chairman Shelby Lowe welcomed the news that the lawsuits were being withdrawn. He said it was good that the two legal groups believed that the new mayor and council would fulfill their constituents' will.

Posted by Donald Urschalitz P.A. at May 11, 2007 09:51 AM