Fall 2021 Research Colloquium
Capital Cascades Trail Segment 3D
Florida Statutes of Eminent Domain and Use in Tallahassee
Max Epstein, Chloe Wain, Carlos Leon, Arthi Solayappan, & Camila Aponte under the supervision of Dr. Crystal Taylor
Eminent domain is the right of the
government to take private property
such as housing and businesses in the
name of creating a “public good”
without the consent of the condemned
party. This right was exercised when
Segment 3D of the Capital Cascades
Trail was redesigned in 2015.
The Fifth Amendment to the United
States Constitution stipulates the
government has a constitutional
responsibility to justly compensate the
property owner when
acquiring property. The statutes of
Eminent Domain are highlighted by
Chapters 73 and 74 in the Florida
Statutes.
• The petitioning/condemning entity
must provide a pre-litigation
notice to advise the condemned
party of constitutional rights
(73.0511).
• Taking private property for the
purpose of preventing or eliminating
slum or blight conditions is not a
valid public purpose (73.014).
• The condemning party must attempt
in good faith to negotiate with the
condemned party and include
mediation and settlement (73.015).
Although the State of Florida has
analyzed the ambiguity of language
towards “public use” and “just
compensation” when exercising eminent
domain, the Cascades Trail Segment
3D-B demolished a blighted, historic
Black neighborhood enclave.
Legal Cases: Capital Cascades Trail
Kelo v. New London (2005): As a Segment 3
result, Florida passed a
constitutional amendment in 2006
which prohibits eminent domain for the
purpose of corporate welfare.
Berhman v. Parker (1954):
The Supreme Court ruled the
Fifth Amendment enables for the use Figure 1. Original Segment 3D design.
of eminent domain for a public
purpose, and the condemned party was
paid full compensation. • Blueprint assessed two remaining
shotgun homes and determined
Capital Cascades Trail Segment 3D they had deteriorated to the extent
• On March 9th, 2015, the City of that rehabilitation costs would
Tallahassee and Blueprint exceed costs to renovate for future
Intergovernmental Agency use.
redesigned the 3D phase of • Apalachee Audubon Society
improvements to the Capital recommended preserving heritage
Cascades Trail Project. oaks after conducting an Avian
• FAMU Way was realigned with Survey in the redevelopment area,
Gamble Street and Lake Bradford recording 28 bird species in 51
Road to connect to the future Airport minutes.
gateway project. • The original 3D pond site was sold
• The stormwater management facility to a developer and used to
site was changed and enlarged. construct student housing.
• The project’s purpose is to "create a • Figure 2 shows the redesigned 3D
beautiful new roadway and linear pond and new FAMU Way
park that is an investment in the alignment.
Southside.“
• Blueprint’s use of eminent domain
demolished 23 residential structures
and historic shotgun homes, as well
as an old grove of Southern Live Oak
trees and commercial businesses.
• 17 residential and commercial
tenants were displaced.
• Figure 1 illustrates how the original
Figure 2. Segment 3D redesign included
plan of the 3D phase did not include
removal of the historic neighborhood.
the removal of the neighborhood.
DeVoe L. Moore Center at
Florida State University