mikejs78
Premium Member
After Kelo, Florida passed a constitutional amendment to restrict eminent domain much more than Kelo allows.
-
Welcome to the WDWMAGIC.COM Forums!
Please take a look around, and feel free to sign up and join the community.
News Reedy Creek Improvement District and the Central Florida Tourism Oversight District
- Thread starter castlecake2.0
- Start date
After Kelo, Florida passed a constitutional amendment to restrict eminent domain much more than Kelo allows.
Stripes
Well-Known Member
It’s not directly stated, but it doesn‘t need to be because it is self-evident.
The lack of consideration claim doesn’t hold any water. There are others that do, but not that one.
Notypeo
Member
I can’t speak to Florida law or practice specifically. But my hunch is that countless projects statewide depend on development agreements where the consideration given by the developer is “you get a nice development in accordance with the plan.” And this is one of the places where things get tricky for the DeSantisites. Are they sure that the Villages made a discrete community benefit payment for every development agreement it struck? Do they really want every developer from now on needing to do so in order to be confident their agreement is enforceable? Do they want to argue for throwing out developer agreements left and right? And do conservative state court judges want anything to do with any of this?
17 billion in investments is certainly consideration. Further since the 17 billion was talked about in the yearly stockholders meeting it has to be true
It was also talked about in their legal filing. The new board is full of it.
Chi84
Premium Member
Forgoing condemnation proceedings would likely be enough because very little is needed in the way of consideration. But if people here really believe judges just decide things according to political affiliation, why worry about it?
gorillaball
Well-Known Member
It’s not as if the people dealing with legal matters would deal with the guest experience. Also, this could drag for years and years and the “cost” wouldn’t equate to popcorn buckets sold over any period of time.
mikejs78
Premium Member
DeSantis is claiming that existing Florida law allows for the legislature to void a development agreement.
I mean, that statute reads to me like if the government passes a general law that contradicts a developer agreement (example: something like the ADA) or if a change in party happened and a gun store law was passed that only allowed 1 gun store per 10 square miles, and a development agreement had several gun stores in it.. in any case that section seems to say that development agreements are amended to account for the new law, not that they can just be voided. I don't think a law to allow voiding of development agreements after the fact would be allowed.
Vegas Disney Fan
Well-Known Member
Very true, thankfully Disney has deep pockets and can handle this in their legal department without it affecting the guest experience. Spending millions to fight this is peanuts for them, it would bankrupt a smaller business though. DeSantis picked a fight with probably the worst company he could have chosen, deep pockets and beloved by many, kind of a no win situation.
Who knows if the legal team and their spouse and little ones flies down to Orlando and meets with Disney legal with lawyer burning the midnight oil while the families soak up the guest experience VIP style escorted by cast tour guides to the parks courtesy of Mickey? Now that would be a great guest experience for the lucky ones! Savannah view suite at AK Lodge would be sweet!
LittleBuford
Well-Known Member
You’re probably right. Still, I suppose I would have expected some amount of industry solidarity in the face of such an assault. I guess I really am naively idealistic.
MrPromey
Well-Known Member
If we all were, this would be a much easier world to navigate and things like this wouldn't happen.
Don't say it like it's a bad thing.
SplashJacket
Well-Known Member
God, I hate this thread.
I hate that it needed to be created.
I hate the division it creates.
I hate the anger and frustration it generates.
I hate the waste.
Thank you Florida leaders.
I hate that it needed to be created.
I hate the division it creates.
I hate the anger and frustration it generates.
I hate the waste.
Thank you Florida leaders.
Do “them parks” have different rules than theme parks?
MrPromey
Well-Known Member
Last edited:
Nothing would come close if he ran the country and pulled this kind of lunacy. Perhaps some in our land are thinking " Be careful what you wish for"?
drnilescrane
Well-Known Member
On one side, we have O'Melveny & Myers. On the other side, Lionel Hutz.
Sirwalterraleigh
Premium Member
Just a guess…but since RCID was passed before the state constitution was ratified…and had more or less remained unchanged for 55 years…Disney would argue the agreement was sound and only became an issue/political pawn after a dispute over a completely unrelated law was passed. The only correlation is revenge.
It’s a fairly easy case to make
Sirwalterraleigh
Premium Member
They aren’t even suing the right operetor
“Them park”…along with “whoville”, “how goes it?”, “where’s the cat?” And “Whuzzle Landing” is at Islands of Adventure