The Future of Getting The Future of Getting StadiumsStadiums

The Law of Eminent DomainThe Law of Eminent Domain

Eminent Domain and the MarlinsEminent Domain and the Marlins

The City’s Plan to get the stadium by The City’s Plan to get the stadium by using eminent domain on people who using eminent domain on people who do not want to sell.do not want to sell.

How the Marlins Stadium does not How the Marlins Stadium does not have a problem next to the Orange have a problem next to the Orange bowl but the parking around the bowl but the parking around the Orange bowl for the stadium is what Orange bowl for the stadium is what is causing some of the problems.is causing some of the problems.

Eminent DomainEminent Domain

Eminent Domain is the inherent Eminent Domain is the inherent power of a governmental entity to power of a governmental entity to take privately owned property and take privately owned property and convert it for the purpose of public convert it for the purpose of public use.use.

Eminent domain is subject to Eminent domain is subject to reasonable compensation. reasonable compensation.

The Constitution and Eminent The Constitution and Eminent DomainDomain

The 5The 5thth Amendment to the Constitution Amendment to the Constitution No person shall be held to answer for a No person shall be held to answer for a

capital, or otherwise infamous crime, unless capital, or otherwise infamous crime, unless on a presentment or indictment of a grand on a presentment or indictment of a grand jury, except in cases arising in the land of jury, except in cases arising in the land of naval forces or in the Militia, when in actual naval forces or in the Militia, when in actual service in time of War or public danger; nor service in time of War or public danger; nor shall any person be compelled in any shall any person be compelled in any criminal case to be a witness against criminal case to be a witness against himself; nor be deprived of life, liberty, or himself; nor be deprived of life, liberty, or property without due process of law; nor property without due process of law; nor shall private property be taken for public shall private property be taken for public use without just compensation use without just compensation

The CasesThe Cases

The Newest case Kelo v. City of New LondonThe Newest case Kelo v. City of New London In In Kelo Kelo the Supreme Court will be deciding the Supreme Court will be deciding

whether Pfizer, the drug company, will be able to whether Pfizer, the drug company, will be able to get land to build their company on land taken by get land to build their company on land taken by then government. then government.

The government in this situation took land in New The government in this situation took land in New London so that Pfizer could bring more jobs into London so that Pfizer could bring more jobs into the area. The Connecticut Supreme Court agreed the area. The Connecticut Supreme Court agreed and said that economic growth could be and said that economic growth could be recognized as a public purpose. recognized as a public purpose.

The Connecticut interpretation allows the The Connecticut interpretation allows the government to take land to stimulate economic government to take land to stimulate economic growth in an area so that could mean that a growth in an area so that could mean that a stadium may constitute a public purpose. stadium may constitute a public purpose.

Other Case’s Other Case’s County of Wayne v. HathcockCounty of Wayne v. Hathcock HathcockHathcock was a decision that reversed the long standing case was a decision that reversed the long standing case

in Michigan called in Michigan called Poletown Neighborhood Counsil v. City of Poletown Neighborhood Counsil v. City of DetroitDetroit. .

Poletown Poletown was the famous case that decided that the was the famous case that decided that the condemnation power is exercised in a way that benefits specific condemnation power is exercised in a way that benefits specific and identifiable interests, a court inspects with heightened and identifiable interests, a court inspects with heightened scrutiny the public interest is the predominant interest being scrutiny the public interest is the predominant interest being advanced. advanced.

Hathcock decision stated “[t]o justify the exercise of eminent Hathcock decision stated “[t]o justify the exercise of eminent domain solely on the basis of the fact that the use of that domain solely on the basis of the fact that the use of that property by a private entity seeking its own profit might property by a private entity seeking its own profit might contribute to the economy’s health is to render impotent our contribute to the economy’s health is to render impotent our constitutional limitations on the government’s power of constitutional limitations on the government’s power of eminent domain.” eminent domain.”

Florida’s Use of Eminent Domain Florida’s Use of Eminent Domain PowerPower

Baycol, Inc v. Downtown Dev. Auth.Baycol, Inc v. Downtown Dev. Auth., 315 , 315 So. 2d 451, 455 (Fla. 1975). So. 2d 451, 455 (Fla. 1975).

The Florida Supreme Court has stated that The Florida Supreme Court has stated that “[t]he power of eminent domain is one of “[t]he power of eminent domain is one of the most harsh proceedings known to the the most harsh proceedings known to the law. Consequently, when the sovereign law. Consequently, when the sovereign delegates this power to a political unity or delegates this power to a political unity or agency, a strict scrutiny must be given agency, a strict scrutiny must be given against the agency asserting the power. against the agency asserting the power. The burden is on the condemning authority The burden is on the condemning authority to establish a compelling government to establish a compelling government interest that is narrowly tailored for the interest that is narrowly tailored for the taking. taking.

SummarySummary Based on this case, the City of Miami, in order to take land Based on this case, the City of Miami, in order to take land

for the stadium, must show that a stadium is either a public for the stadium, must show that a stadium is either a public necessity or have to have something to do with public use necessity or have to have something to do with public use before the eminent domain power can be utilized. A stadium before the eminent domain power can be utilized. A stadium is not a necessity so the City of Miami must prove that the is not a necessity so the City of Miami must prove that the stadium would be used for some sort of public use and stadium would be used for some sort of public use and therefore it would justify a taking. The Florida Supreme therefore it would justify a taking. The Florida Supreme Courts decision in this case is a strict view such as the Courts decision in this case is a strict view such as the Hathcock Hathcock case in which it is not that easy for the government case in which it is not that easy for the government to take a land. But the Florida Court does not address the to take a land. But the Florida Court does not address the idea of economic growth as being a legitimate use of the idea of economic growth as being a legitimate use of the eminent domain power.eminent domain power.

Kelo actually discusses the stricter view of land takings in Kelo actually discusses the stricter view of land takings in Florida in their brief to the supreme court.Florida in their brief to the supreme court.

Other cities as well as Miami will be affected by the decision Other cities as well as Miami will be affected by the decision the Supreme Court is going to make. The New York Yankees the Supreme Court is going to make. The New York Yankees and the New York Jets are both vieing for stadiums on the and the New York Jets are both vieing for stadiums on the lower east side of Manhattan. lower east side of Manhattan.