Sunday, February 12, 2012

St. Augustine Record: Another guest column opposes FSDB eminent domain


Guest column: Supports FSDB's mission but opposes its quest for eminent domain

Posted: February 12, 2012 - 12:20am

I am writing to voice my support of the mission of the Florida School for the Deaf and Blind in St. Augustine, and my strong opposition to House Bill CS/HB 1037, which gives FSDB almost unlimited eminent domain powers over surrounding neighborhoods, as well as over any part of the city they see fit. The wording “at the school’s convenience,” which is actually included in the bill verbatim, stands out as an indication of this bill’s ridiculous overreach, as does the stipulation that FSDB will no longer have to comply with any city planning and zoning ordinances whatsoever. Taken to its logical extreme, FSDB could decide that any historic personal city property should belong to them for whatever unspecified purpose they come up with.

Essentially, this gives a single unelected entity the powers of unjustified seizure and indemnity from accountability in our nation’s oldest city. FSDB could, without reason or justification, seize, and remove from our city’s tax rolls, any property they desire.

I understand that the power of eminent domain is an essential tool for a government that has been elected by the people and tasked with considering the greater good of the larger population when making land use decisions. Normally, these decisions are made by our elected representatives when the greater good can be shown to overwhelmingly outweigh the property rights of those affected. As Americans, we are intrinsically wary of government power. Consequently, the power of seizure in this country has historically been used sparingly, openly, and only when absolutely justified. House Bill CS/HB 1037 would give an unelected board unprecedented powers of seizure without due process or accountability.

Rep. Bill Proctor has stated openly that passage of this bill is the main reason he ran for office. I would like to humbly remind him that he was elected as our representative in Tallahassee, and we, his constituents, as well as the city of St. Augustine strongly oppose its passage. If he would like to, he would be welcome to our house — one block away from FSDB — to explain to our child how a school can evict him, whenever they want and for whatever reason, from the only home he has ever known.

Republicans have traditionally fought against government size and power, and for individual property rights. Being that the Florida Legislature has a Republican majority, I am surprised that this bill even made it out of committee.

I sincerely hope that those of our elected representatives who do truly represent their constituents will vote against House Bill CS/HB 1037 before a precedent is set that my family and my neighbors will regret in the short-term, and that all of Florida’s residents will come to regret in the future.

David Haynes is a middle school science teacher in St. Johns County public schools, a native Floridian and St. Augustine resident for 10 years.

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