eminent domain in florida

[smkiel]

What is the name of your state? florida
the condo i live in has private streets maintained by the condo ass. the city about four years ago negotiated with the ass. for certain easement rights using this street as access to a city park. the city agreed to use other city owned streets in addition for entrance and exit to the park. this was passed unanimously by the city council and the agreement signed by the mayor in 2000 with stipulation that the traffic patterns would begin in 2004. nothing has changed in the 4 years except that now the city is refusing to abide by their written agreement and threatening to take the street by eminent domain. can they do this in spite of written agreements?

 

[HomeGuru]

What is the name of your state? florida
the condo i live in has private streets maintained by the condo ass. the city about four years ago negotiated with the ass. for certain easement rights using this street as access to a city park. the city agreed to use other city owned streets in addition for entrance and exit to the park. this was passed unanimously by the city council and the agreement signed by the mayor in 2000 with stipulation that the traffic patterns would begin in 2004. nothing has changed in the 4 years except that now the city is refusing to abide by their written agreement and threatening to take the street by eminent domain. can they do this in spite of written agreements?

**A: yes they can.

 

[smkiel]

wouldn't that show that the initial negotiation was done in bad faith? doesn't the fact that there was a written contract between the city and the association have any bearing on the eminent domain issue? can a written contract just be ignored without any changes in the circumstances when it was approved?

 

[HomeGuru]

wouldn't that show that the initial negotiation was done in bad faith?

**A: no, not in all cases.

 

[smkiel]

so when it comes to governments contracts and agreements made by them are not binding on them just on the other party?