Articles Tagged Eminent Domain

R. Benjamin Lingle, Post-Kelo Eminent Domain Reform: A Double-Edged Sword for Historic Preservation

63 Fla. L. Rev. 985 (2011)|  | | NOTE :: The preservation of historic structures provides communities across the nation with both a source of pride in our national history and a window through which to view that history. Governments’ powers of eminent domain have long served as a tool for historic preservation; however, eminent domain […]

Scott J. Kennelly, In Honor of Walter O. Weyrauch: Florida's Eminent Domain Overhaul: Creating More Problems than it Solved

60 Fla. L. Rev. 471 (2008) | | | | INTRODUCTION :: A knock at your front door wakes you. Blurry-eyed, you open your door to a government official who tells you that the city would like to purchase your home for a price slightly greater than fair market value. According to the official, most […]

Jason Marques, To Bear a Cross: The Establishment Clause, Historic Preservation, and Eminent Domain Intersect at the Mt. Soledad Veterans Memorial

59 Fla. L. Rev. 829 (2007) | | | | INTRODUCTION :: High above San Diego, a solitary Latin cross casts its shadow over the picturesque coastline of Southern California. The cross, a towering icon of concrete and faith, is encircled by several massive walls of granite into which thousands of names are meticulously carved. […]

Justin Smith, Expert Testimony in Eminent Domain Proceedings: Oh Frye, Where Art Thou?

56 Fla. L. Rev. 831 (2004) | | | | INTRODUCTION :: Respondent, a shopping center owner in Broward County, sought damages resulting from an eminent domain taking by Petitioner, the Florida Department of Transportation. Petitioner’s partial taking resulted in a decrease in the number of available parking spaces on Respondent’s property. Respondent sought “severance […]