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Old 03-07-2014, 04:20 PM
 
Location: Taipei
7,773 posts, read 10,066,343 times
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You guys have the power to derail Tamaya! Stand firm!! iirc, they only have plans for a single entry/exit which is gonna add greatly to the gridlock in your area.
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Old 03-07-2014, 11:00 PM
 
Location: JAX
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Quote:
Originally Posted by projectmaximus View Post
You guys have the power to derail Tamaya! Stand firm!! iirc, they only have plans for a single entry/exit which is gonna add greatly to the gridlock in your area.
I doubt it. They would just claim eminent domain at some point I imagine.
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Old 03-10-2014, 08:03 AM
 
Location: Ponte Vedra Beach FL
14,617 posts, read 21,379,006 times
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Quote:
Originally Posted by abvavgjoe View Post
I doubt it. They would just claim eminent domain at some point I imagine.
How can a private developer take land by eminent domain?

BTW - I thought developments with only 1 entry/exit were banned after the wildfires in the late '90s (for safety reasons). But perhaps those rules were only enacted in some counties - and not Duval County. Robyn
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Old 03-11-2014, 01:02 AM
 
Location: Taipei
7,773 posts, read 10,066,343 times
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Originally Posted by Robyn55 View Post
How can a private developer take land by eminent domain?

BTW - I thought developments with only 1 entry/exit were banned after the wildfires in the late '90s (for safety reasons). But perhaps those rules were only enacted in some counties - and not Duval County. Robyn
or I thought I might have remembered incorrectly so I did a little research/refresher. It seems I could be wrong...kinda looks like there are two entrances/exits, but they are right by each other and essentially both dump out onto the same section of Beach Blvd. There was supposed to be another one on the other side of the project but the developers received a variance after complaining that they wouldn't have enough money left to build the necessary road.

on the other hand, aren't there lots of developments with just one entry/exit anyhow? Deercreek CC, Orange Park CC, Queen's Harbour, Epping Forest...and did Glen Kernan ever open their second entrance?
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Old 03-13-2014, 05:55 PM
 
Location: Ponte Vedra Beach FL
14,617 posts, read 21,379,006 times
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Quote:
Originally Posted by projectmaximus View Post
..on the other hand, aren't there lots of developments with just one entry/exit anyhow? Deercreek CC, Orange Park CC, Queen's Harbour, Epping Forest...and did Glen Kernan ever open their second entrance?
You're right about at least some of these places (we were in Queen's Harbour yesterday). Honestly - all I recall is something vague about 2 entries/exits required after the fires in the late 90's. In which counties - and which kinds of developments - I don't know. Robyn
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Old 03-13-2014, 07:56 PM
 
Location: JAX
705 posts, read 1,566,267 times
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Quote:
Originally Posted by abvavgjoe
I doubt it. They would just claim eminent domain at some point I imagine.

Quote:
Originally Posted by Robyn55 View Post
How can a private developer take land by eminent domain?
He's no lawyer , but my dad first suggested it to me. I did a little looking on the web and found:


What is a taking?

There are numerous types of takings which can occur through eminent domain:
Partial Taking. If the taking is part of a piece of property, such as the condemnation of a strip of land to expand a road, the owner should be compensated both for the value of the strip of land and for any effect the condemnation of that strip has on the value of the owner's remaining property.
Temporary Taking. Part or all of the property is appropriated for a limited period of time. The property owner retains title, is compensated for any losses associated with the taking, and regains complete possession of the property at the conclusion of the taking. For example, a temporary taking may be used to place a large sign or setback on a neighboring property for a highway project.
Easements and Rights of Way. Eminent domain actions are sometimes used to get an easement or right of way. For example, a utility company may obtain an easement over private land to install and maintain power lines.
Complete Taking. In a complete taking, all of the property at issue changes use, control, and/or accessibility.
from:
FE679/FE679: Handbook of Florida Fence and Property Law: Eminent Domain

Also:

Who has the right to take my property?
Generally speaking, the government holds the power of eminent domain, meaning such power is held by the United States and the State of Florida. Under Florida law, the State can delegate its power of eminent domain for public purposes such as roadways, schools, parks, etc. The power of eminent domain is held by counties, municipalities, utility companies, railroads, FDOT, transportation authorities, community development districts, water management districts, airports and the mosquito control districts, just to name a few.

What is a "public purpose?"
Article X, Section 6 of the Florida Constitution restricts the power of condemnation of private property only for a public purpose. A public purpose means that:
  • The property must be available to the public in common
  • The public interest must dominate the private gain
  • The manner of enjoyment or use of the property acquired must be in control of the public
Examples include: parking facilities, recreation facilities, roadways, hospitals, power lines, drainage systems, government buildings, water and sewer projects.


from:The Eminent Domain
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Old 03-14-2014, 07:18 AM
 
Location: Ponte Vedra Beach FL
14,617 posts, read 21,379,006 times
Reputation: 6793
Quote:
Originally Posted by abvavgjoe View Post
...He's no lawyer , but my dad first suggested it to me...
Did either of you sleep at a Holiday Inn Express last night ?

I *am* a Florida lawyer - but know enough to know what I don't know. Eminent domain is a *very* specialized area of legal practice - about which I know next to nothing. About the only things that stick in my mind are some recent court cases involving the ability of governments to condemn areas because they think they're blighted (which have nothing to do with your situation) - and a recollection (which could be wrong) that there's a mechanism in Florida eminent domain law that allows lawyers for landowners to collect attorneys' fees from the condemning authority in some cases (which makes it easier for landowners to retain lawyers). I also recall that in Miami (where I practiced) - the eminent domain bar (on both sides of the cases) was kind of a knowledgeable good 'ole boys club - and anyone trying to deal with this good 'ole boys club on his/her own was definitely at a disadvantage.

Some concerns that I would have here are what effects - if any - an easement like this would have on my title (and my title insurance) - my property value - and my potential liability as a landowner.

My suggestion is that you (and perhaps other neighbors who are involved in this) - set up an appointment with an eminent domain/real estate lawyer - and discuss the situation with the lawyer. I doubt it will cost you much - if anything - for the initial consultation - and you'll have a *much* better idea of what you're dealing with here. A knowledgeable attorney will probably have a better handle on what the easement is worth than any of us here (and can perhaps negotiate on your behalf). At a minimum - you'll get pointed in the right direction.

If I were in your shoes - that's what I'd do - get myself a lawyer. Wish I could personally recommend a lawyer - but the only local lawyer I have here is an estate planning lawyer. OTOH - I did a quick search and found this:

Michael Whitt

I am not familiar with this lawyer - but am familiar with his law firm in terms of its condo/HOA work (which is excellent IMO). Perhaps you could start with him - and perhaps get a referral to a local firm if your case is too small for a lawyer who does a statewide practice. Robyn
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