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Flagler beach project may require eminent domain

On Behalf of | Aug 24, 2022 | Eminent Domain |

A new project slated to restore part of Flagler Beach in Florida is set to take effect. This project is already generating more than its share of controversy. This is due to the fact that, in order to see it through, the government may need to exercise eminent domain. This is the case even though there is only one owner holding the project up.

Nonstop erosion may force extreme measures

Eminent domain is an issue that many city authorities have tried to skirt around for the past few years. However, the hand of the city may finally be getting forced. The entire beach area around Flagler has been subject to severe erosion. The problem has gotten so bad that whole swathes of the waterfront have been stripped down to nothing but bare rocks.

The area in question is roughly 2.6 miles of beach coast that exists south of the Flagler pier. The project will now take place starting in June. This is a major undertaking that has lately been subject to a major bit of expediting. The coast has been so exposed that any future major storm can cause lasting damage to the area.

Controversy over the action has only increased due to uneasiness over the proposed solution. It’s well known that the area has been sorely affected by erosion. However, this is an effect that takes place not only during storms but even during normal high tides. Meanwhile, a lone property owner is trying to hold up all attempts at progress.

Eminent domain may come to the rescue

There are several circumstances under which the government may choose to exercise its right to eminent domain. In most cases, it can expect a high measure of resistance. The Flagler beach case is somewhat anomalous since it hinges on pushback from only one person.

Lawyers for the state are attempting to negotiate with the single holdout in order to avoid the inevitable eminent domain ruling. This will help to bring a satisfactory conclusion to a serious legal impasse. How soon this can take place remains to be seen.