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Key West Cruise Ship Ban May Be In Jeopardy.


Daniel A
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8 hours ago, Cienfuegos said:

The issue of the state taking control of the municipal pier via eminent domain is an interesting one.

 

I believe the US Supreme Court recently ruled that federal eminent domain would allow a pipeline company to seize NJ state owned park land. Whether Florida has a pressing state interest in the operation of the KW  municipal pier isn't clear to me. Or whether federal and state laws would even permit it.

 

As an aside, Florida has increased the span of state control over what have previously been local ballot, legislative, or school decisions. So, it's not unlikely the state would try to do so here.

 

5 hours ago, Daniel A said:

I'm not sure that a "pressing need" is the standard.  I think if it benefits the 'general public interest' it might meet the standard.  But then, I don't think an Eminent Domain proceeding would be used there.  However, it could end up being a negotiation point if KW challenges the Florida law.

There would have to be a greater benefit to the city in order to justify eminent domain.  Cutting off millions of dollars in income per year isn't exactly of benefit to the city. 

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