Guest Column: Eminent domain should not be given to non-elected boards
January 10, 2012 St. Augustine
Record By Bruce Maguire staugustine.com Copyright 2012 St. Augustine
Record. All rights reserved. This material may not be published, broadcast,
rewritten or redistributed.
January 10, 2012 - 11:14pm
Guest Column: Eminent domain should not be given to non-elected boards
St. Augustine
I am strongly
opposed to granting eminent domain (ED) authority to The Florida School
for the Deaf and the Blind. While a County
Commissioner, we denied a
similar request to delegate ED powers to a non-governmental agency for several
reasons. Those reasons stand just as strongly today.
Here are just a
few.
First, I firmly
believe eminent domain should never be granted to any organization which does
not have direct accountability to the people in the community. Emphatically,
the organization must be comprised of elected officials. Political appointees
may be empathetic to the community, but they do not have accountability.
Second, FSDB
Trustees have a fiduciary responsibility to the school, not the community. They
may temper their decisions based on inputs from the city of St. Augustine and the community,
however, legally they must do what is best for FSDB. On the other hand, elected
officials represent the people, not the organization. To restate The St. Augustine Record… “with
eminent domain, FSDB could remove [zoning]… restrictions.” I don’t believe our
community really wants that.
Third, the
argument that all other schools have ED authority is not justification to grant
it to FSDB. It is merely background support for those who want to have the
authority. This is the same argument parents face when their children say, “All
the other kids do it!” Is FSDB going to jump off the same cliff?
Fourth,
historical records of eminent domain in Florida
vividly show that ED costs to the organization range between
125 percent to 200 percent of true market value. That is much higher
than a negotiated price. Remember, the condemning organization must pay “all”
costs associated with the condemnation.
Fifth, if FSDB
truly believes they need to condemn a property, they can approach the city and
request support and assistance from the City Commission on an “as needed”
basis. By working with the city, both the school and the community should
benefit.
Sixth, St. Augustine is not your
average city with a state school nestled within its limits. We are the oldest
city in the United States.
Maintaining our historical character is paramount, which may place it at odds
with the FSDB goals and capabilities.
Finally, the
school does not need it. Both Rep. Bill Proctor and FSDB President Danny Hutto stated there are no acquisition plans. Then, why? The answer can only be “Because!” The “hamstring”
argument just doesn’t fly.
Eminent Domain is
one of the most powerful tools a government possesses. Commissioner Leanna Freeman was correct when she said, “It is a threat!”
I encourage all our residents to contact our North Florida
state legislators and senators to not support this bill.
Bruce Maguire served on the St. Johns County Commission, 2002-06,
and County Commission chairman.
http://staugustine.com/opinions/2012-01-10/guest-column-eminent-domain-should-not-be-given-non-elected-boards