Resolution 321-2005
Commissioner George Neugent
RESOLUTION NO. 321 -2005
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA IN THE MATTER OF PROTECTING
THE PRIVATE PROPERTY RIGHTS OF MONROE
COUNTY RESIDENTS.
WHEREAS, the United States Constitution, Article 5 of the Bill of Rights, and the
Florida Constitution, Article X, Section 6, expressly provide for the protection of the private
property rights of its citizens; and
WHEREAS, the power of eminent domain has been reserved to the local, state and
federal governments for the sole purpose of acquiring private property through the use of
condemnation proceedings when said privately held properties are needed for public purposes;
and
WHEREAS, the United States Supreme Court recently handed down a decision
upholding what they maintain is a local government's ability to take private property for a
vaguely defined "public good" such as economic development, or increased tax revenues to the
local government itself; and
WHEREAS, the Supreme Court decision put at risk the very right of private individuals
to be free from government interference in their right to keep and enjoy their private property;
and
WHEREAS, this action by the Supreme Court is contrary to and contravenes the
aforementioned constitutional protections against such capricious and willful attacks by any
governmental body upon the rights of the citizens; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. The Board recognizes and supports the original concept of the framers of
the Constitution wherein the power of the eminent domain shall be used only as a last resort to
acquire private property for a public project, and that any such public project can be
demonstrated to be necessary to accomplish the general welfare of the citizens of that
jurisdiction.
Section 2. The Board deems any departure from the original principles of eminent
domain to be an assault on our basic foundations of liberty and a threat to the rights of private
property ownership; and again strongly urge all municipal jurisdictions within the State of
Florida to encourage the Florida State Legislature to use all means necessary to strengthen the
original purpose of the Rights of Eminent Domain within the State Constitution.
Eminent Domain Res.
Section 3. The Board urges the Florida State Legislature to use all means necessary
to strengthen the original purpose of the Rights of Eminent Domain within the State
Constitution,
Section 4. The Clerk is directed to send copies of this resolution to State
Representative Ken Sorensen, State Senator Larcenia Bullard, and the mayors of municipalities
within Monroe County.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of August, 2005,
Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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