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Private land not county's sphere
January 29, 2004
Florida Today Op-Ed page
By Martin S. McClellan
Port St. John, Florida
The County Commission and the Natural Resources Management Office are considering a proposal called the Consolidated Environmental Ordinance and the Critical Habitat Ordinance, which were formerly called the Significant Environmental Areas Ordinance. They say it is not a taking of land, because the land remains in private hands. But the dictionary defines to "own" as: "a. to have or hold as property: possess, b. to have power over: control." If these ordinances pass, they will require the owners of the preserved land to follow certain protection procedures as shown in the Natural Resources Management Office plan. In my opinion, that means the Natural Resources office will have taken control of that land. It also violates the Constitution's Fifth Amendment, which protects against our government taking private land for public use without just compensation. The ordinances would require that 50 percent of land in larger parcels be held as green spaces. Although the county would offer greater building density and other advantage for builders in exchange, I say this is not just compensation. http://www.floridatoday.com/!NEWSROOM/opedstory0130WSEASLETS.htm |