Florida Con Law Flashcards
(23 cards)
What is eminent domain?
power of state to take private property to use for public purpose if full compensation is given
There is a taking when:
government takes title to property or ousts the owner
What is the best way to attack condemnation under eminent domain?
Attacking the three elements of eminent domain
What are the elements of eminent domain?
(1) reasonably necessary; (2) for a public purpose; and (3) full compensation
Although eminent domain is a legislative function, Florida law provides…
it may be delegated to an executive agency
When is a taking reasonably necessary?
the taking serves the greatest public benefit while creating the least possible inconvenience
Full compensation under eminent domain
is based on the FMV of the property, and its a question for the jury
The public purpose element of eminent domain is satisfied if:
the property taken is going to be used for something that benefits the state in a tangible and foreseeable way
Powers of Chartered Counties
powers not inconsistent with general + special laws or FL and U.S. Constitutions
Powers of Unchartered Counties
Only enumerated powers (i.e. can only enact ordinances if allowed by general or special law)
Municipalities:
- created by legislative act
- have home rule power (i.e. govern themselves w/ their own ordinances)
- perform function to protect health, welfare, safety and Morales of citizens
Five exceptions to Municipality home rule:
(1) state preemption; (2) County preemption if it is regulatory; (3) forbidden by county charter; (4) forbidden by city charter; (5) FL + state constitutional limits
Municipal v. County conflicts
Municipal ordinances prevail over non chartered counties;
Municipal ordinances prevail over chartered county ordinances providing services UNLESS there is approval be dual referenda of municipality and county;
Chartered county ordinances on regulatory matters preempts municipal ordinances
What are the categories of types of laws?
General laws; Special laws; and General laws of Local Application
General laws:
apply statewide; no notice or referendum needed
Special laws:
apply to specific group, things, or county; require either notice or approved by referendum in the affected area
General laws of local application:
Uses a classification scheme (i.e. based on population) to restrict application of the law to specific localities; does not require public notice or referendum; must be a nexus between the scheme and purpose of the act
Requirements for laws:
- have to be related to public welfare, health, safety, and morals; cannot be vague; and cannot be overbroad
- must include enacting clause; be single subject; have an adequate title; and text must be set out in the law
What kinds of laws are prohibited in Florida?
Bills of attainder and laws that impair contracts
Impairment of contract laws
- Are generally invalid unless the state can show it serves an important and legitimate government interest and is narrowly tailored
- only invoked if impairment is due to state action, there is an existing contract; and the state action substantially impairs the contract
What standard is used to determine whether impairing the right to jury by trial is permissible in Florida?
Compelling state interest
Access to Courts
Pursuant to FL constitution, Courts shall be open to every person for redress of any injury and that justice shall be administered without sale, denial, or delay
Kluger Doctrine
-If legislature abolishes a COA, a reasonable alternative must be given UNLESS it can show (1) overpowering public necessity; AND (2) no alternative method to meet the public necessity
