Bill Text: FL S1480 | 2016 | Regular Session | Comm Sub

---

Bill Title: Conveyance of Property Taken by Eminent Domain

Spectrum: Bipartisan Bill

Status: (Failed) 2016-03-11 - Died in Judiciary [S1480 Detail]

Download: Florida-2016-S1480-Comm_Sub.html

---

       Florida Senate - 2016                             CS for SB 1480
       
       
        
       By the Committee on Community Affairs; and Senator Sobel
       
       578-02869-16                                          20161480c1
    1                        A bill to be entitled                      
    2         An act relating to the conveyance of property taken by
    3         eminent domain; amending s. 73.013, F.S.; authorizing
    4         a condemning authority to convey, without restriction,
    5         ownership or control of specified property to a
    6         natural person or private entity under certain
    7         circumstances; defining the term “large hub airport”;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) of section 73.013, Florida
   13  Statutes, is amended to read:
   14         73.013 Conveyance of property taken by eminent domain;
   15  preservation of government entity communications services
   16  eminent domain limitation; exception to restrictions on power of
   17  eminent domain.—
   18         (1) Notwithstanding any other provision of law, including
   19  any charter provision, ordinance, statute, or special law, if
   20  the state, any political subdivision as defined in s. 1.01 s.
   21  1.01(8), or any other entity to which the power of eminent
   22  domain is delegated files a petition of condemnation on or after
   23  the effective date of this section regarding a parcel of real
   24  property in this state, ownership or control of property
   25  acquired pursuant to such petition may not be conveyed by the
   26  condemning authority or any other entity to a natural person or
   27  private entity, by lease or otherwise, except that ownership or
   28  control of property acquired pursuant to such petition may be
   29  conveyed, by lease or otherwise, to a natural person or private
   30  entity:
   31         (a) For use in providing common carrier services or
   32  systems;
   33         (b)1. For use as a road or other right-of-way or means that
   34  is open to the public for transportation, whether at no charge
   35  or by toll;
   36         2. For use in the provision of transportation-related
   37  services, business opportunities, and products pursuant to s.
   38  338.234, on a toll road;
   39         (c) That is a public or private utility for use in
   40  providing electricity services or systems, natural or
   41  manufactured gas services or systems, water and wastewater
   42  services or systems, stormwater or runoff services or systems,
   43  sewer services or systems, pipeline facilities, telephone
   44  services or systems, or similar services or systems;
   45         (d) For use in providing public infrastructure;
   46         (e) That occupies, pursuant to a lease, an incidental part
   47  of a public property or a public facility for the purpose of
   48  providing goods or services to the public;
   49         (f) Without restriction, after public notice and
   50  competitive bidding unless otherwise provided by general law, if
   51  less than 10 years have elapsed since the condemning authority
   52  acquired title to the property and the following conditions are
   53  met:
   54         1. The condemning authority or governmental entity holding
   55  title to the property documents that the property is no longer
   56  needed for the use or purpose for which it was acquired by the
   57  condemning authority or for which it was transferred to the
   58  current titleholder; and
   59         2. The owner from whom the property was taken by eminent
   60  domain is given the opportunity to repurchase the property at
   61  the price that he or she received from the condemning authority;
   62         (g) After public notice and competitive bidding unless
   63  otherwise provided by general law, if the property was owned and
   64  controlled by the condemning authority or a governmental entity
   65  for at least 10 years after the condemning authority acquired
   66  title to the property; or
   67         (h) In accordance with subsection (2); or
   68         (i) Without restriction, if the condemning authority
   69  acquires the property in fee simple by inverse condemnation as a
   70  result of large hub airport noise mitigation, or a noise
   71  compatibility program, at an airport governed by Federal
   72  Aviation Administration requirements on the basis of noise
   73  mitigation measures, or on the basis of measures required for
   74  the safety, utility, or efficiency of the airport identified in
   75  a Record of Decision or any other evaluation issued by the
   76  Federal Aviation Administration in connection with an airport
   77  development project. As used in this section, the term “large
   78  hub airport” means an airport identified in the national plan of
   79  integrated airport systems prepared in accordance with 49 U.S.C.
   80  s. 47103. The condemning authority may convey ownership or
   81  control of the property to a natural person or private entity
   82  under this paragraph only if the property is zoned so that
   83  future uses conform to the airport noise compatibility standards
   84  provided in 14 C.F.R. part 150, Appendix A.
   85         Section 2. This act shall take effect July 1, 2016.