The Fifth Amendment to the United States Constitution provides one of the greatest and most fundamental precepts of American law: "no person shall be deprived of life, liberty or property without due process of law; nor shall private property shall not be taken for a public use without just compensation."
In the United States, the first dog track was created in Florida in an area now known as Hialeah. Florida made dog racing legal in 1931. And for almost one hundred years it was thriving. However, the voters of the state of Florida approved Amendment 13, ending live greyhound racing in the state by the year 2021. The greyhound racing industry is essentially out of business, causing the loss of thousands of jobs, including greyhound racing tracks, breeders and trainers, some of whom are third-generation trainers who have been in the business since they were born. Compensation for Amendment 13 Compensation for Greyhound Racing Industry Florida Amendment 13 Compensation-Greyhound Industry
The bedrock legal principal regarding just compensation is now a real consequence of the Florida Constitutional Amendment. According to Florida law and case precedent, Florida must now compensate up to 10,000 individuals who have lost or will lose the fair market value of what the court calls their "reasonable investment-backed expectations."
According to the U.S. Supreme Court, property includes not only "real" property, but also "personal" property. Home v. Department of Agriculture. This includes the personal property that was "functionally integrated in nature" to the "prohibited activity." For the greyhound racing industry, this personal property includes kennels, tracks, gates, grandstands, etc.
Florida law and binding case precedent require the state of Florida to compensate those who have lost and those who will lose the fair market value of what the court calls their "reasonable investment-backed expectations." Compensation for Amendment 13 Compensation for Greyhound Racing Industry
According to the U.S. Supreme Court, property includes not only land, but also personal property that is functionally integrated in nature to the greyhound racing industry. This type of property includes, but is not limited to kennels, tracks, gates, grandstands, etc.
Time is of the essence in obtaining just compensation from the state of Florida. Some statutes require pre-suit requirements which, if not done properly, can cause your case to be dismissed. Book a free consultation today.