DESANTIS’ TRANSFER OF MIAMI WATERFRONT PROPERTY TO TRUMP FOR A PRESIDENTIAL LIBRARY CHALLENGED AS VIOLATION OF EMOLUMENTS CLAUSE
NEWS & RESEARCH
In September 2025, Florida Gov. Ron DeSantis effectively gifted President Trump a 2.6 acre waterfront property in downtown Miami, worth between $67-$300 million—in exchange for just $10. The deed states that the land, which originally belonged to Miami Dade College, must be used to construct a “Presidential library, museum, and/or center” within five years. However, Trump has said, “I don’t believe in building libraries or museums…[It] could be an office, but it’s most likely going to be a hotel with a beautiful building underneath.” Trump uploaded a video to social media showing an architectural rendering of his plans, consisting of a 47-floor skyscraper (since he’s the 47th President) with the Trump logo emblazoned in giant letters. The building would tower over the rest of the Miami skyline.
SOURCES:Politico | Washington Post | KPBS | Ron DeSantis Press Release
ANALYSIS & OPINION
Many experts assert that the US Constitution’s Domestic Emoluments Clause bars the president from accepting any gift, payments, or other benefits from a state government. The clause was adopted to ensure that the president does not grant special treatment to individual states. According to the Constitutional Accountability Center (CAC), “Other states have been forced into an arms race in which they must either compete with Florida to lavish gifts on the President or fear being unfairly disadvantaged—the precise scenario that the Domestic Emoluments Clause was adopted to prevent.” The CAC also mentions that “It has been clear…that President Trump intends to monetize this land for immense personal financial gain.”
SOURCES: Washington Post |New York Times | Constitutional Accountability Center
HOW TO FIX IT
Litigation: An active lawsuit (Sistrunk Seeds v. Trump) is calling for the land transfer to be deemed null and void under the Domestic Emoluments Clause. Plaintiffs could request that the judge issue an injunction to halt construction of the “center.”
Federal action:
Pass the Foreign and Domestic Emoluments Enforcement Act (S.3181) which would codify the Constitution’s Emoluments Clause into an enforceable federal statute, with fines and other penalties for violations, and strengthen Congressional oversight.
The bill’s contents were also included in the Protecting Our Democracy Act, H.R.5314.
Sources: Constitutional Accountability Center | Sen. Richard Blumenthal Press Release | Brennan Center of Justice | NBC News
Legislation: S.3181 - Foreign and Domestic Emoluments Enforcement Act | H.R.5314 - Protecting Our Democracy Act
