October 4, 2004

Property in Limbo For Nine Years Due to Delays in Condemnation Procedures

Miami, FL – Brigham Moore filed a lawsuit in circuit court against the South Florida Water Management District (SFWMD), on behalf of 120 private property owners in the Bird Drive Basin area of Dade County. These owners have been adversely affected by the SFWMD’s targeting of their property for acquisition. Since 1995, the SFWMD has earmarked this land as part of an “East Coast Buffer” to the Everglades, and has authorized and budgeted these properties for condemnation.

Yet for nine years condemnation has been delayed and the owners denied court hearings on the acquisition of these properties. Instead, the water management district has purchased individual properties at less than fair market value from “willing sellers,” who were told by SFWMD agents that their properties would never be developed due to actions by the SFWMD and its governmental partners. This tactic has prevented the natural economic development and appreciation of the remaining properties since 1995.

“While the district may be well meaning in its pursuit of a potentially beneficial public project, we believe it has conducted unlawful procedures and as a result, has run roughshod over the constitutionally protected property rights of these individuals,” said Bill Moore, Managing Partner of the law firm Brigham Moore.

“We believe the South Florida Water Management District is intentionally delaying any proceedings on the condemnation of this property in order to coerce the property owners into waiving their constitutional rights of due process and full compensation,” added Moore.

Through this lawsuit, the plaintiffs are seeking no monetary relief, but rather an end to the unfair acquisition procedures of the SFWMD and fair compensation for their property.