Judge rules Miami can take land for riverfront park using eminent domain. What’s next?

A judge ruled in favor of the city of Miami buying a parcel of land for a riverfront park on Monday, but the city still doesn’t know how much it will pay for it.

Miami has a 20-day window from the date of the decision to submit a deposit of about $3.5 million, after which it will be awarded the title to the land. This amount, which is not necessarily the total price the city will pay for the land, was determined by the judge based on the appraisal of the property value.

After the city makes that deposit, the matter would go before a jury, and the city would be responsible for paying whatever that jury decides the property is worth.

If Miami buys the land from its current owner, development firm South River Warehouse, which is led by Arturo Ortega, it plans to turn the parcel into Simón Bolívar Park. This parcel, which is about a third of an acre, was taken through eminent domain, a process by which the government can buy land for public use even if the owner does not want to sell it.

READ MORE: Miami is using eminent domain to take a Miami River site. Jury to decide the price

In October 2021, Miami offered to pay South River Warehouse $4.5 million for the parcel. The firm rejected that offer, and the city then initiated eminent domain proceedings. South River Warehouse has opposed the taking. Ortega has expressed his desire to keep the land, regardless of the price the city pays for it.

Ortega previously told the Herald that he plans to put a restaurant and water taxi stop on the lot. Right now, the lot does not have any structures on it.

The city indicated in an internal email earlier this month that the value of the property could be up to $10 million, though its initial appraisal put the value at around $3.5 million. South River Warehouse has stated it believes the value is higher.

City Attorney Victoria Méndez said in the same email, “We are treading cautiously to make sure if we acquire the property, it is still within the district funding.”

The city’s emails about the potential increase in price and the fact that the judge set the deposit value at $3.5 million are signs the city may end up paying more than it expected to, Ortega said.

Ortega added that if the city goes through with the deposit, it is basically writing a “blank check” for the property. Ortega said he has had no contact with the city since the decision was announced and does not know if or when it will submit the deposit.

Appealing the judge’s decision is “an option,” Ortega said, but South River Warehouse has not yet decided its path forward.

Commissioner Joe Carollo, who represents the Third District, where the new park would be located, has advocated for this project for years. He said he thinks it is important to bring more park land to his district, and he has stated that his Third District constituents often ask him for more parks.

Carollo said he has “no doubt” the city will make the necessary deposit to secure the land. He said he is looking forward to making this park a reality for his district.

The city initially hoped to connect this park with nearby José Martí Park, a large riverfront park with a gym and other amenities, but this now seems unlikely. The lots between José Martí Park and the proposed Simón Bolívar Park are controlled by the Florida Department of Transportation, which has stated it does not plan to cede the land.

Carollo previously told the Herald that even without these FDOT-controlled lots, he thinks Simón Bolívar Park is a worthwhile project. He added that the two parks could be connected by walkways. The commissioner has previously said he expects the city to pay market value for the lot.

“We live in America, where — unlike Venezuela — you just don’t take property away from people without paying them what the market value is,” Carollo said.

This story was originally published July 18, 2023 at 4:21 PM.