Guest Column: Eminent domain should not be given to non-elected boards
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.
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Bruce Maguire served on the St. Johns County Commission, 2002-06, and County Commission chairman.
Comments (1)
Thank you Bruce Maguire
For the public record, I believed that I would never agree with or side with Bruce Maguire on any form of St. Johns politics and policy. Yet his comments about the Deaf&Blind politics (handicapped child versus land use) are spot on in accruate description of the 2012 session context..
Of the seven points noted, I would only question the seventh. Should there be some even grander scheme in the minds of Vilano Town Center development interests then the A1A roadway expansion and investment parcels might be the true Bill Proctor story. It may be safer to suggest that no overt signs of developer 'need' yet but watch the transfer development rights struggle in Vilano and ripple effects along all the *infrastructure* corridor of existing services.
However, after also reading the assault on higher education that the good Doctor and Dean Cannon gush about in anoither Record article I believe The Last Proctor Term this session will be a multiple stage performance to behold. As Bruce put it so beautifully, ' the hamstring' argument don't hold water when this Educator legislator uses it. More to come as the spring unfolds, for sure...