Oct 27, 2017 - Real Estate
Under the law of eminent domain, there are limits on the government’s power to take private property for public use or public benefit. What constitutes a “taking” is far broader than the word implies, and fully condemning a parcel of land is not necessary to implicate property owners’ Constitutional rights.
Many “takings” cases arise out of government restrictions on the use of private property. Zoning regulations permit requirements, and other regulatory burdens have all been at the center of numerous eminent domain cases involving disputes between property owners and authorities at the local, state and federal levels. As a recent example, one Florida real estate developer is currently seeking to have the Florida Department of Environmental Protection’s permit denial overturned by the U.S. Supreme Court.
The case involves developer Beach Group Investments, LLC’s attempt to build luxury beachfront townhomes on Florida’s Atlantic coast. Beach Group Investments, LLC (“BGI”) purchased the oceanfront property and obtained the necessary local permits to begin construction. However, before BGI could break ground, the Florida Department of Environmental Protection amended its setback requirements; and, based on its new requirements, it rejected BGI’s request for a permit to begin construction.
At trial, the court ruled that the Florida Department of Environmental Protection’s new permit restrictions resulted in a 96 percent loss in value for BGI’s beachfront property. It also ruled that any attempt to obtain a variance from the Florida Department of Environmental Protection would have been futile. As a result, it determined that the revised setback requirements constituted an unlawful taking and that BGI was entitled to just compensation.
The Florida Department of Environmental Protection appealed, and the U.S. Fourth Circuit Court of Appeals reversed. After the Florida Supreme Court denied BGI’s request for review, the developer filed its case with the U.S. Supreme Court. In its writ of certiorari, BGI challenged the Court of Appeals’ holding that it was required to apply for a variance before seeking judicial review of the Florida Department of Environmental Protection’s permit denial, asserting that:
The case is an interesting one and one that could potentially have important implications for real estate developers that run into difficulties when seeking to obtain regulatory approvals in Florida. Our attorneys will be monitoring the case for further developments.
Our eminent domain attorneys provide experienced legal representation for property owners and developers in the greater Jacksonville area. If you are facing a zoning or land use issue and would like to discuss your options with an attorney, we invite you to call (904) 737-4600 or contact us online for an initial consultation.
Celebrating Martin Luther King Jr. DayToday, Ansbacher Law is remembering Martin Luther King Jr.’s life and legacy. Many use this day to engage in volunteer work to honor Dr. King’s selfless dedication to serving others. Share with us if you plan on giving back to the community today.
Read More
What You Need to Know About Supermarket Accidents in FloridaNobody imagines that they will sustain a serious injury while simply shopping for the week's food. Unfortunately, when not carefully maintained and monitored, supermarkets can become very dangerous. If you are someone who recently sustained an injury in a supermarket accident due to no fault of your own, there is…
Read More
Pedestrian Accidents in Florida | What You Need to KnowPedestrians are among the most vulnerable groups of individuals, as they generally have little, if any, protection from outside forces. If you are someone who was recently stricken by a motor vehicle as a pedestrian, you most likely now require financial compensation to help cover the cost of your medical…
Read More