Florida Land Owner Rights
One of the important protections in the Bill of Rights is the right of private ownership of property. The rapid population growth in Florida has put the state at the forefront in the battle over land owner rights. State and local governments looking for property to build official buildings on, and developers encroaching on private property, have put immense strain on the legal system's ability to protect land owner rights.
-
History
-
One of the most cherished liberties that American citizens enjoy is the right to hold and use private property. The Fifth Amendment to the Constitution states that " No person shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." The Fifth Amendment was originally looked upon as a protection from the federal government violating individual property rights, but in recent years has been applied by the courts to protect against violations by state and local governments.
Legislative Protection
-
In 1995 the Florida legislature enacted the Bert J. Harris Jr. Private Property Rights Protection Act. This legislation was a political compromise that is intended to provide property owners with legal relief against the action of state and local government that diminishes the value of property. Late in 1995 the Florida Attorney General made an important legal opinion on this legislation. "The stated purpose of the act is to protect private property owners from laws, regulations and ordinances that inordinately burden private property rights by giving them a cause of action for damages caused by such burden." This bill has been subsequently updated, but the important property protections remain the same.
Use by other people
-
A Florida land owner may give other parties the right to use some of his land by establishing an agreement called an easement. According to Florida law an easement "gives someone the right of use or enjoyment of another person's land for a special purpose not consistent with the general property rights of the owner." Easements are established when the property owner and another party make a legal agreement that gives the second party the right to use the land for a specific purpose and period of time. If you own the easement, you are required to maintain the property defined in the easement. The property owner of the land can go to the courts for relief when her rights have been violated.
Renewable Energy Improvements
-
Protection for homeowners who wish to install renewable energy systems has been enacted by the Florida Legislature. Florida Statute 163.04 Energy Devices Based on Renewable Resources establishes provisions that insure the rights of homeowners to have functional renewable energy systems such as solar panels installed on homes. Homeowner associations are allowed to require system approval, but restrictions enacted by associations are not allowed to impede the function or costs of installing such a system.
Property rights in question
-
The Florida Legislature enacted the Beach and Shore Preservation Act to provide authority to state government to restore beaches damaged by environmental factors such as hurricanes. Some of the reestablished beaches separate land owner beach property from the ocean. The land owners claim that this action diminishes property values and essentially enforces a public easement across private land to the restored beach. This case is currently under U.S. Supreme court review and will have very important ramifications for future state efforts to revitalize public property and for the potential for loss and damage to private property value.
-
Related Searches
References
Resources
- Photo Credit new home image by Shannon Workman from Fotolia.com
