Florida Con Law

Question 1

What is eminent domain?

Answer 1

power of state to take private property to use for public purpose if full compensation is given

Question 2

There is a taking when:

Answer 2

government takes title to property or ousts the owner

Question 3

What is the best way to attack condemnation under eminent domain?

Answer 3

Attacking the three elements of eminent domain

Question 4

What are the elements of eminent domain?

Answer 4

(1) reasonably necessary; (2) for a public purpose; and (3) full compensation

Question 5

Although eminent domain is a legislative function, Florida law provides…

Answer 5

it may be delegated to an executive agency

Question 6

When is a taking reasonably necessary?

Answer 6

the taking serves the greatest public benefit while creating the least possible inconvenience

Question 7

Full compensation under eminent domain

Answer 7

is based on the FMV of the property, and its a question for the jury

Question 8

The public purpose element of eminent domain is satisfied if:

Answer 8

the property taken is going to be used for something that benefits the state in a tangible and foreseeable way

Question 9

Powers of Chartered Counties

Answer 9

powers not inconsistent with general + special laws or FL and U.S. Constitutions

Question 10

Powers of Unchartered Counties

Answer 10

Only enumerated powers (i.e. can only enact ordinances if allowed by general or special law)

Question 11

Municipalities:

Answer 11

• created by legislative act
• have home rule power (i.e. govern themselves w/ their own ordinances)
• perform function to protect health, welfare, safety and Morales of citizens

Question 12

Five exceptions to Municipality home rule:

Answer 12

(1) state preemption; (2) County preemption if it is regulatory; (3) forbidden by county charter; (4) forbidden by city charter; (5) FL + state constitutional limits

Question 13

Municipal v. County conflicts

Answer 13

Municipal ordinances prevail over non chartered counties;
Municipal ordinances prevail over chartered county ordinances providing services UNLESS there is approval be dual referenda of municipality and county;
Chartered county ordinances on regulatory matters preempts municipal ordinances

Question 14

What are the categories of types of laws?

Answer 14

General laws; Special laws; and General laws of Local Application

Question 15

General laws:

Answer 15

apply statewide; no notice or referendum needed

Question 16

Special laws:

Answer 16

apply to specific group, things, or county; require either notice or approved by referendum in the affected area

Question 17

General laws of local application:

Answer 17

Uses a classification scheme (i.e. based on population) to restrict application of the law to specific localities; does not require public notice or referendum; must be a nexus between the scheme and purpose of the act

Question 18

Requirements for laws:

Answer 18

• have to be related to public welfare, health, safety, and morals; cannot be vague; and cannot be overbroad
• must include enacting clause; be single subject; have an adequate title; and text must be set out in the law

Question 19

What kinds of laws are prohibited in Florida?

Answer 19

Bills of attainder and laws that impair contracts

Question 20

Impairment of contract laws

Answer 20

• Are generally invalid unless the state can show it serves an important and legitimate government interest and is narrowly tailored
• only invoked if impairment is due to state action, there is an existing contract; and the state action substantially impairs the contract

Question 21

What standard is used to determine whether impairing the right to jury by trial is permissible in Florida?

Answer 21

Compelling state interest

Question 22

Access to Courts

Answer 22

Pursuant to FL constitution, Courts shall be open to every person for redress of any injury and that justice shall be administered without sale, denial, or delay

Question 23

Kluger Doctrine

Answer 23

-If legislature abolishes a COA, a reasonable alternative must be given UNLESS it can show (1) overpowering public necessity; AND (2) no alternative method to meet the public necessity