Florida Libertarians Help Stop Eminent Domain

October 3rd 2005

Libertarian-led coalition ridicules, defeats "stealth bill" that avoids mentioning eminent domain

St Petersburg, FL--As the new legislative session opens in Florida, some legislators increasingly ask, "What do the Libertarians think?" The reason is the question was on the mind of many legislators when they closed up, say some staffers.

Libertarians have a growing reputation as 'go-to' people on human rights and expanded freedoms in Florida. They regularly mount successful and attention getting coalitions, show a knack for zeroing in and highlighting bills for defeat that have escaped detection of most watchdog groups, and field a small but well-respected contingent of local officials. And they're not too happy about the push to expand Eminent Domain supported by many leading Democrats and Republicans.

That's good news for many people. Worried that, with the new Supreme Court "Kelo" decision, developers can seize your home? While people across the nation fret , Florida Libertarians have led a successful coalition to limit its effects in Florida. In fact, sponsors of a bill that expanded State powers withdrew it completely after many had thought it would have an easy passage, since it didn't even use the term "Eminent Domain."

CONTROVERSIAL DECISION AFFECTS STATES DIFFERENTLY

The controversial Supreme Court decision allows local and state governments wide Eminent Domain discretion, but by the same token citizens can limit its effects through State law.

That's what happened in Florida, where Eminent Domain is fairly limited. Republican and Democratic leaders immediately attempted to expand Eminent Domain in the State, but Libertarians organized a statewide coalition that outmaneuvered attempts to expand it--for now.

The coalition consisted of Libertarians and dissidents from across the parties unhappy with the decision and scandalized by the attempt to push through little publicized legislation that would have substantially changed Florida law. The Supreme Court decision has been subject to nationwide ridicule often led by Libertarians, who even mounted an effort to use it to seize Supreme Court Justice's homes as public nuisances. The bill would have allowed corporations to seize people's homes and businesses if they can promise higher tax revenue, among other criticisms, say opponents of Eminent Domain.

Libertarian critics are even harsher. They say Eminent Domain is way beyond its intended Constitutional function and is in any event as obsolete as slavery, pointing to voluntary methods used to carry out projects without it.

LIBERTARIAN PARTY BATTLE

The bill would have dramatically increased expanded eminent domain rights for local governments. The Florida Senate moved quickly to pass its procedures for local government officials to group private property together, seize it by eminent domain, and sell it to a developer.

While many watchdog groups were unaware of the bill, the Libertarian Party of Florida encouraged members to mount what Mr. Augustinowicz, who is also a local anti-Eminent Domain activist in the Sarasota area, called "feverish action." They deluged legislators in the House, which expected to speedily give final approval, news media, and affected groups with a phone, fax and e-mail campaign that "Got the message out and drew attention to the bill's language, thwarting it in the House of Representatives."

"With a companion bill that was also defeated, they would essentially have revoked private property rights in the state of Florida," Mr. Augustinowicz, said.

Mr. Augustinowicz is part of a growing number of Florida Libertarian activists who then also run for office, hold workshops, or serve on local boards, keeping public interest in Libertarian solutions at an all-time high. He mounted what local media dubbed a "respectable" campaign for Florida State House in District 71, one credited with helping prompt other parties and groups to start soliciting Libertarian input. "Currently, to claim eminent domain, the government had to show blight; they had to show that the land was a slum -- that the condition of the structures was deteriorating."

Local Libertarian party groups in counties such as Pinellas, which includes St. Petersburg and Clearwater, also met with local legislators and activists of other parties. The effort culminated with visits to State legislators by Mr. Augustinowicz.

MORE WORK TO DO

Nonetheless, that doesn't mean Libertarians are happy with the present law.

"It's abused. In one area they're trying to condemn a subdivision because the road is in poor repair, even though the houses are in excellent condition. Government is even condemning property of people who located in response to a supposedly 'long term' government plan of a few years ago, only to find they're homes seized when the government changed its mind."

After the LP got active, just days before the April 30 end of the legislative session, the House bill's sponsor and co-sponsor -- Gayle Harrell and Kevin Ambler, respectively -- both withdrew their support of the bill and it died in the House without going to a vote.

The Libertarian effort attracted national media attention. "One legislator actually went on Neil Boortz's show to tell everyone she wasn't aware of the possible misuse of the law at the time she sponsored it," Augustinowicz said. "I was extremely happy to see this bill die in the Florida House. The fact that such a bill was even considered and passed in the Florida Senate should send a loud warning to the citizens of this country.

Part of the media attention was directed to the fact the Libertarians had located the bill at all, a fact praised by talk show callers: The Senate bill was amended to remove all references to the words "eminent domain," replacing them with "land assembly or adjustment," Augustinowicz said. "But it was essentially the same bill with those words purposefully avoided."

"It's stealth legislation. When government begins to usurp the rights of property owners, then we no longer live in a free society," said Kim Snow, a Libertarian candidate for State House District 47 in Hillsborough, who received 30% of the vote and led local efforts in Tampa.

Now that the eminent domain-expanding bill is dead, stopping such attempts in the future has become a primary goal for activists such as Augustinowicz.

"Our state legislature tried unsuccessfully to slip this by the people," he said, noting that no one noticed the potential dangers of the legislation until it was almost too late do take action.

"Make no mistake: This bill will be disguised and be back before our legislature again in the near future."

Comment on this article

Submit your own article

The Libertarian Party Florida

By M. Gilson-De Lemos
Mr. Gilson is an internet columnist
 

Libertarian Books

Keywords and Misspellings:  Libartarian Libertarian Democrat Greens Floreda