In Honor of Walter O. Weyrach: Florida\u27s Eminent Domain Overhaul: Creating More Problems than it Solved

A knock at your front door wakes you. Blurry-eyed, you open your door to a government official who tells you that the city would like to purchase your home for a price slightly greater than fair market value. According to the official, most of your neighbors have already agreed to sell their homes so that your “distressed” neighborhood can get an economic facelift, which will include a multi-tower condominium complex. While you briefly consider selling, you are bothered that the government will not put your property to what you deem a traditional public use. Quickly remembering that your state representative helped pass eminent domain reform in Florida last year, you smile and say that you will not sell your home (which is worth around $100,000) for less than$1 million. The government official refuses and promises to contact you in the future. Six months later, you regret having turned away the official. Although you were happy when the city increased fire and police protection and repaved some roads in your neighborhood, the special assessments imposed on you from those projects have exponentially increased your property tax bill. Along with higher bills, you have repeatedly received government notices demanding that you comply with building permit restrictions and fill out paperwork to prevent the city from demolishing the porch that you are constructing. Additionally, although you knew of some drug dealing nearby, now the police catch a drug dealer in your neighborhood every few weeks, sometimes through controlled buys in your front yard. The city has warned you that you must take measures to abate this drug-related “public nuisance.” Not surprisingly, when the government official again shows up at your door, you decide to “voluntarily” sell your home for slightly more than $100,000. If you had not sold, the government might have either seized your property for your failure to pay the increased taxes or condemned your property for failure to abate the nuisance. Although this hypothetical paints a drastic scenario, the government’s current means likely are not any friendlier to the landowner than those that most people viewed as the “horrors” that occurred when the government used eminent domain for economic redevelopment. Before eminent domain was reformed in Florida, the government still attempted to negotiate a voluntary sale. If refused, the government had to follow the necessary eminent domain procedures, to demonstrate that the proposed project qualified as a “public use,” and ultimately to pay “just compensation.” Still, the fear and perception that landowners were given unjust compensation and that corrupt officials were abusing eminent domain to yield only private benefits has driven a harsh reaction to the U.S. Supreme Court’s 2005 ruling in Kelo v. City of New London. In Kelo, the Court upheld New London’s use of eminent domain to acquire land for a private development project. The Court reasoned that the project’s promise to create jobs, increase tax revenues, and revitalize an economically distressed area resulted in a constitutional “public use.” After Kelo, legislators across the country worried that “economic redevelopment” would become a blanket justification for eminent domain. Florida legislators acted quickly. One day after Kelo was decided, Florida’s House of Representatives created the House Select Committee to Protect Private Property Rights. The committee was created to prevent Kelo’s perceived horrors by setting clear guidelines to allow eminent domain only where there is a clear public necessity and benefit. After passing a bill intended to limit abuses of eminent domain, the Florida Legislature crafted a constitutional amendment to place before voters in a statewide referendum. Voters overwhelmingly passed this amendment on November 7, 2006. Florida’s current framework requires the government to wait ten years before transferring to a private entity private property taken by eminent domain and forbids the use of eminent decided, Florida’s House of Representatives created the House Select Committee to Protect Private Property Rights. The committee was domain to eliminate “blight” conditions or public nuisances. Additionally, the Florida Constitution requires a three-fifths majority in both legislative houses to grant exceptions to the eminent domain prohibitions on private use. This Note initially discusses how the Florida Legislature’s reaction to Kelo was unnecessary. However, accepting that the legislature felt the influence of the body politic to enact significant eminent domain reform, this Note argues that the legislature did not fully consider the consequences of its actions. Instead, the legislature’s measures were overly broad and created ambiguity. Additionally, the measures will have unintended consequences that could leave landowners and the community worse off than under the previous system. Finally, this Note offers solutions that would both provide Florida with a more comprehensive eminent domain framework and capture the Florida Legislature’s actual intent to curb abuse and provide opportunities that benefit the public

Evaluation of Induced Sterility for Beaver (Castor canadensis) Management Problems

The concept of controlling animal damage problems by reducing fecundity of offending species through induced sterility first was proposed by Knipling (1955) for insect control and was applied successfully by that author (Knipling 1959) for eradication of the screw-worm fly. The potential application to vertebrate pest problems was recognized immediately by David (1961) and, subsequently, by many other workers for a variety of pests (e.g. Balser 1964; Kennelly et al. 1970: Murton et al. 1972; McDonald 1980; Potvin et al. 1982) including beaver (Arner 1964; Blanchard 1964; Nevers 1968; Hill 1977). Unfortunately, the method remains today largely unavailable for routine application to vertebrate pests

The use of indicators for unobservable product qualities: inferences based on consumer sorting

Using the dietary supplement black cohosh to demonstrate our method, we employ data on a product characteristic unobservable to consumers to decompose the contribution to consumers’ valuations of observable characteristics into surrogate indicator and direct components. Because consumers are not all “expert appraisers” of the unobservable characteristic, the measured relationship of indicators to the unobservable quality is generally not the one consumers perceive. Consequently, biases that depend upon the nature of consumers’ ineptitude are introduced into the component estimation. The researcher’s inference problem is solved by recognizing that consumers with greater appraisal expertise sort disproportionately to higher quality products. This enables feasible measurement of inept consumers’ relative valuations and conjectures through separate hedonic estimation on high- and low-quality product subsamples. We find that, relative to experts, inept consumers likely underestimate the value of most observable characteristics in indicating black cohosh product authenticity; however they overweight online product ratings.hedonic analysis; surrogate indicators; asymmetric information; pricing strategy; product strategy

Impact of Zoysiagrass and Tall Fescue Seed Mixtures on Brown Patch Severity

Earlier research has demonstrated that polystands of zoysiagrass and tall fescue can be established successfully, with the potential to provide a high-quality turfgrass stand with reduced inputs. Our objective was to determine whether mixing zoysiagrass with tall fescue will reduce brown patch severity while maintaining overall acceptable quality. Studies were established at the Rocky Ford Turfgrass Research Center in Manhattan, KS. In the split-plot design, natural infection by Rhizoctonia solani or a fungicide-treated control was the whole-plot treatment factor and species (tall fescue monostand and the zoysiagrass/tall fescue mixture) were subplots. During July and August 2016, when hot, humid weather triggers brown patch, excessive irrigation was applied to promote brown patch. Disease severity was measured by visual ratings and digital image analysis; number of infected leaves in each plot was recorded using a grid. The mixed stand then showed less plot area affected by brown patch disease compared to the monostand of tall fescue

Rabbit skeletal muscle myosin light chain kinase. The calmodulin binding domain as a potential active site-directed inhibitory domain.

Journal ArticleA synthetic peptide modeled after the calmodulin (CaM)-binding domain of rabbit skeletal muscle myosin light chain kinase, Lys-Arg-Arg-Trp-Lys5-Lys-Asn-Phe-Ile-Ala10-Val-Ser-Ala-Ala-+ ++Asn15-Arg-Phe-Glycyl amide (M5), inhibited the CaM-independent chymotryptic fragment of the enzyme, C35 (Edelman, A. M., Takio, K., Blumenthal, D. K., Hansen, R. S., Walsh, K. A., Titani, K., and Krebs, E. G. (1985) J. Biol. Chem. 260, 11275-11285), with a Ki of 3.2 +/- 2.1 microM. Inhibition was competitive with respect to the peptide substrate Lys-Lys-Arg-Ala-Ala5-Arg-Ala-Thr-Ser-Asn10-Val-Phe-Ala and was of the noncompetitive linear mixed type with respect to ATP. M5 and homologues with a serine residue substituted at positions 9, 13, or 14 were phosphorylated with the following order of preference: M5(Ser9) greater than M5(Ser13) much greater than M5(Ser14) greater than M5. The order of preference observed agreed with that predicted by comparison of the sequence of these peptides with the phosphorylation sites of myosin P-light chains. Both inhibition of C35 by M5 and phosphorylation of M5 and its serine-substituted homologues were severely curtailed by the addition of a stoichiometric excess of CaM over peptide. Thus, synthetic peptides modeled after the CaM-binding domain of skeletal muscle myosin light chain kinase can function as calmodulin-regulated active site-directed inhibitors of the enzyme

Evaluating Zoysiagrass-Tall Fescue Mixtures in Kansas

Seeding zoysiagrass at 1 lb PLS/1,000 sq ft in June with subsequent seeding of tall fescue into established zoysiagrass in September at 8 lbs PLS/1,000 sq ft resulted in the best mixture of these two species