94-20RESOLUTION NO. 94 -20
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
REQUESTING THE FLORIDA LEGISLATURE TO EXAMINE THE LAW OF
EMINENT DOMAIN AND RELIEVE STATE AND LOCAL GOVERNMENT
AGENCIES FROM UNNECESSARILY BURDENSOME COSTS OF
PROVIDING NECESSARY TRANSPORTATION FACILITIES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has found that it is in the public
interest to ensure that necessary facilities and services are provided concurrent
with population growth through its enactment of Florida's Growth Management Laws;
and
WHEREAS, the most ubiquitous service and facility is that of road
transportation, which provides for movement of goods and services and facilitates
communication and social interaction; and
WHEREAS, unduly costly transportation facilities will prevent their
construction, leading to congestion and environmental pollution, higher
transportation costs, hinderance of communication and interaction, and longer
response times to public safety threats, such as the need for hurricane
evacuation; and
WHEREAS, right -of -way acquisition is an increasingly burdensome cost of
transportation facilities; and
WHEREAS, increased sophistication in land development programs enables
governments to offer just compensation other than in eminent domain proceedings;
and
WHEREAS, Sections 55.03(1) and 74.061, Florida Statutes, require condemning
authorities to pay interest at the rate of 12 percent a year, which rate is
substantially greater than current prime market savings or lending rates; now,
therefore,
RE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission hereby requests the Florida Legislature to
examine Florida's current eminent domain laws and enact legislative reform that
accomplishes the following:
(1) Ensures that entities exercising eminent domain powers justly
compensate those adversely affected;
(2) Ensures that attorney fee awards are commensurate with the effort and
results of any final award exceeding that offered in writing by the condemning
authority;
(3) Establishes interest rates that are consistent with prime market
lending rates;
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(4) Recognizes alternate forms of compensation and also provides for
mediation and non - judicial arbitration of claims as options for litigants; and
(5) Promotes early identification of right -of -way needs so that timely
acquisition programs can be initiated to reduce the effects of inflation.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 17th
Attest:
Cyn is E. Goudeau
Cit Clerk
2
day of February , 1994.
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Rita Garvey
Mayor- Commissioner
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