Last week, I posted video about oral argument heard by the Florida Supreme Court regarding the Bert J. Harris, Jr., Private Property Rights Protection Act, which “provides for relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects
The Magnificent Seven and the Freedom to Choose
I grew up out West. A big part of growing up in the West, at least in my family, included Western films. Westerns, like many country music songs, can tell a complicated story in regular, everyday terms. Black cowboy hats and white cowboy hats made it easy to figure out who was on what side!
Looking Ahead to 2017 in Takings Law
As usual, the year has flown by and the New Year is upon us. You might remember from my last post, that we took a Christmas-flavored look at takings with St. Nick. Now it’s time to look ahead. When my wife and I were walking in a local nature preserve on Christmas Day, I took a picture of a fantastic tree that I named the “Animals’ Staircase.”
As you can see, the Animals’ Staircase ascends gradually and then with increasing steepness. It was easy to picture a small animal running up the Staircase to get a better view of something.Continue Reading Looking Ahead to 2017 in Takings Law
Santa Claus is Back in Town and Make Sure He Pays This Time
If the sounds of Christmas music bring feelings of goodwill toward all, family gatherings, Yuletide blessings, you’re not alone. Personally, I always make it an Elvis Christmas, rolling through the same ten Elvis songs for days at a time. Ho ho ho and thank you, thank you very much!
But let’s think of Santa, not just as a bringer of gifts, but as a user of property rights. After all, he lands on your roof. Get any permission for that, Mr. Claus? What about the wear and tear to the roof? If a typical adult male reindeer weighs 350 – 400 pounds, eight adult reindeer could weigh 2,800 – 3,200 pounds—over a ton. Can your roof support that? (This isn’t even including Rudolph, the sleigh, or Santa himself, who is no reed, weight-wise, according to a number of reports.)Continue Reading Santa Claus is Back in Town and Make Sure He Pays This Time
Equalizing the Odds
In the 1980s, the television show The Equalizer told the story of a trouble-shooter who assisted people in over their heads, with long odds. Denzel Washington brought the role to the big screen in 2014. If you’re a property owner, you might need to have things equalized, too, by using a law written to assist property owners.
Think about it. You’ve put, maybe, your life savings, or retirement money, into a piece of vacant land. You’ve done your homework. You’ve found out the comprehensive plan and the zoning will allow you to open a restaurant, your own neighborhood bar and grill. You buy the land, submit a development plan, apply for and obtain the necessary permits, and break ground on construction. Half-way through your project, you get the news that local government has changed its comprehensive plan and re-zoned your property, mentioning it specifically in the new ordinance. No commercial uses. No grandfather clause.
Not good.Continue Reading Equalizing the Odds
What is Inverse Condemnation and Why Should You Care?
Let’s take these in reverse order.
Do you own real estate?
If the answer is “Yes,” then you should care because you, as a property owner, hold a number of property rights, known as a “bundle of sticks.” If the government, or a private entity with the power of condemnation, infringes on one or more of your property rights, then you may have a claim for inverse condemnation, if certain other factors are met.
What is “inverse condemnation?”
Continue Reading What is Inverse Condemnation and Why Should You Care?
Back by Popular Demand: The State Road 82 Update
Reader demand brings you this update. Since our last update much has taken place. The design phase of the Colonial/Lee Boulevard to Shawnee Road segment is scheduled (estimated) to be completed in one year—July 2017. The project schedule that FDOT posted earlier this year shows that construction will begin in fall 2017 and that construction
What’s a Bundle of Sticks and Why Should You Care?
Objection. Compound question.
But the answers are:
- A phrase used to describe rights in real property; and
- Because the bundle of sticks is valuable and each of the individual sticks has value.
I first heard about the “bundle of sticks” when I was at law school. My property professor talked about the bundle of sticks
3 Things You Need to Know About Condemnation Right Now
You get a letter from a government agency notifying you that your property will be needed for a public project. Now what? Here are three things you should know:
- You’re entitled to an appraiser. This is vital. You want to have your own expert to provide you with an opinion on what your property sought
“They Owe Me Some Money – Can I Slap a Lien on Them?”
A good place to start is our collection of previous blog posts on various types of liens. The answer is “Maybe.” Did you perform labor, provide services, or sell materials used on a construction job? If the answer is “Yes,” and you meet some other requirements, then you may be able to record a claim of lien.
Circumstances for Lien
In most other circumstances, however, you don’t have a pre-judgment right to record a lien against real property owned by someone who owes you money. But, even if you cannot record a lien against someone right now, you may have other options. Keep in mind that a lien is merely a right to look to property as security for a debt. You may still obtain relief against someone who owes you money if you have a valid basis on which to sue, such as a promissory note, an unpaid account, or a purchase/sale contract, and the statute of limitations has not expired. In many circumstances, a lien may only be important if a debtor has no liquid resources to pay a judgment.
No Assets?Continue Reading “They Owe Me Some Money – Can I Slap a Lien on Them?”