Wednesday, June 20, 2007

Taking of Church Property By Eminent Domain Upheld

A Broward County, Florida Circuit judge has ruled that the county can use its eminent domain power to take property leased by a church for the county to use to build a drug treatment center. Yesterday's Miami Herald reports that the county decided on the land before the church leased the then-vacant property, but church signed its lease with an option to buy just before the county filed its eminent domain petition in court. The court concluded that the taking did not violate Florida's Religious Freedom Restoration Act, holding that the church's exercise of religion will not be substantially burdened by being forced to move.