Title
Adoption of the Florida Redevelopment Association Legislative Policy Statement and Policy Statement on Eminent Domain (B)
Explanation
The Florida Redevelopment Association (FRA) has prepared two policy statements - the 2006 Legislative Policy statement, and the policy statement on Eminent Domain. Staff is asking the CRA to adopt both of the policy statements in support of the FRA's efforts to defend CRAs.
The 2006 Legislative Policy states that the FRA "supports legislation that preserves the home rule powers of municipalities to create and effectively use community redevelopment agencies to redevelop and revitalize their urban areas, including the use of tax increment financing. We further support local control and disposition of any disputes between local governments over the use of such agencies and financing." A copy of the full policy is included in the backup for the Board's review.
The FRA's policy statement on eminent domain is also included in the backup. The position holds that eminent domain should be used only as a last resort, and that reasonable efforts should be made to avoid relocation of occupied residences and businesses. The policy holds that the property owners should be offered fair market value, plus a premium and relocation costs, and that the relocation costs should take into account not only the appraised value of the property, but also the costs of property in the relocation area.
In order for a CRA to exercise eminent domain, the governing body, in this case the City Commission, would need to approve the plan. At present, recommendations before the Select Committee on Private Property Rights would require that any creation or expansion of a CRA would require that a letter be sent to each property owner and each business tenant in the CRA area explaining that their property could be taken for economic development purposes. This would not only make it extremely costly to create or expand a CRA, it would create an unnecessary level of fear among citizens.
Fiscal Note
There are no fiscal implications at this time.
Recommendation
Executive Director to the CRA: The CRA adopt the Florida Redevelopment Association 2006 Legislative Policy and the FRA policy on eminent domain.