EDIT 2:59PM FULL TEXT OF LAWSUIT AT BOTTOM OF POST
In 2014, Judge Patricia Doherty ruled that City of Orlando could take 639 West Church St., a piece of property in Parramore, through eminent domain. The reason it was approved was that the defendants could not prove that a soccer stadium was not for public use. She said "the stadium does serve a legitimate public purpose" according to Orlando Sentinel.
City of Orlando spokesperson Cassandra Lafser said at the time “The public purpose was confirmed by the court..."
However, in January 2016, the property was sold to Orlando City Soccer, a private company.
In 2006, Florida legislature passed House Bill 1567 which "requires localities to wait 10 years before transferring land taken by eminent domain from one owner to another—effectively eliminating condemnations for private commercial development."
House Bill 1567 requires a three-fifths majority in both legislative houses to grant exceptions to the state’s prohibition against using eminent domain for private use.In 2006, Florida legislature passed House Bill 1567 which "requires localities to wait 10 years before transferring land taken by eminent domain from one owner to another—effectively eliminating condemnations for private commercial development."
According to Channel 13, also in January 2016, Plaintiff Lawanna Gelzer filed a lawsuit against the City of Orlando, stating this property, because it was acquired through eminent domain originally, invalidates the sale.
The City must wait 10 years before the sale can occur. Part of Florida's eminent domain law states as follows:
"If ownership of property is conveyed to a natural person or private entity... and at least 10 years have elapsed since the condemning authority acquired title to the property, the property may (sold to a) person or private entity without restriction."It's been less than 10 years since the seizure.
The property can however be sold before 10 years have elapsed "for the purpose of providing goods or services to the public" according to the law.
Judge Doherty did indeed rule that a soccer stadium is a public use. But Orlando City Soccer is a private company.
The City is required to respond in writing within 20 days of the serving of the lawsuit.
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