When Police Powers Are More Than Police Powers

The Herald Tribune does quite an unbalanced job on a condo association adjacent property. Entrance onto the property for installation and maintenance of an alleged anti-pollution device will affect the condos and their value. Apparently, the scrivener of the article believes that because there is a safety need specifically touching one property, somehow payment for rights being taken need not be paid.

Two phrases help, "Just Compensation" and "Public Use".


So why the reluctance to extend an easement?

Villas condo president Mike Mueller, reached in Wisconsin, wouldn't say. He deferred to the association's newly hired lawyer (first red flag), who specializes in eminent domain (second red flag).

Attorney Blake Gaylor of Tampa says he hasn't had time to study the case, so he didn't want to comment on particulars. In general, though, any permanent encumbrance on a property affects its value, he says.

Add the smell of money to the pungency of the odors surrounding the Flamingo Ditch.


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