The Florida Constitution

Article X, Section 6 of the Florida Constitution states:

(a) No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.

(b) Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another.

(c) Private property taken by eminent domain pursuant to a petition to initiate condemnation proceedings filed on or after January 2, 2007, may not be conveyed to a natural person or private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature.
The power of eminent domain is an inherent attribute of the sovereign. Article X, Section 6 protects the property rights of the Floridian – and it is this provision which marks the starting point for any discussion of eminent domain in Florida.

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