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Florida Constitution Revision Commission

PUB 700516: Replace Public Purpose Requirement for Eminent Domain With More Restrictive Public Use Requirment by Daniel Walker

ARTICLE X: MISCELLANEOUS, Section 6. Eminent domain.

SECTION 6.

Eminent domain; public use standard and full compensation required.

  1. No private property shall be taken except for a necessary public use, of critical need to and substantial benefit for the public at large, purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.
  2. Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another.
  3. Private property taken by eminent domain pursuant to a petition to initiate condemnation proceedings filed on or after January 2, 2007, may not be conveyed to a natural person or private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature.