On October 1, 2015, various revisions to the Bert J. Harris, Jr., Private Property Rights Act will take effect. On October 1, among other things, the definitions of “property owner” and “real property” will change as set forth in Chapter 2015-142 Laws of Florida. The changes may limit the reach of the Second District
Recent Court Decision Expands Rights of Property Owners in Southwest Florida
The Second District Court of Appeal, which covers fourteen counties in West Central Florida and Southwest Florida from Pasco County in the north to Collier County in the south, issued a decision in June 2015 that significantly expands the rights of real property owners in Southwest Florida. In the case entitled FINR II, Inc. v. Hardee County, the appellate court ruled that
the Bert [J.] Harris [, Jr., Private Property Rights Protection] Act provides a cause of action to owners of real property that has been inordinately burdened and diminished in value due to governmental action directly taken against an adjacent property.” (Emphasis added.)
Facts of the CaseContinue Reading Recent Court Decision Expands Rights of Property Owners in Southwest Florida
Best Practices for Landlords
Are you a landlord? It’s a good position to be in, whether you’re a commercial landlord or a residential one. You can build equity in real estate and generate cash flow. Who doesn’t like that?
As a landlord, you’ve probably learned a few lessons, and maybe you’ve even learned some of those lessons the hard way. Let me know if you’re familiar with these:Continue Reading Best Practices for Landlords
Update: Condemnation of Underwater Mortgages
Recent weeks have seen several developments with the condemnation of underwater mortgages. As reported by the New Jersey Spotlight, two new New Jersey mayors are moving in different directions on the underwater mortgage issue. In Newark, Mayor Ras Baraka plans “to employ eminent domain to take mortgages from the banks if necessary,” according to the New Jersey Spotlight. Meanwhile, Irvington Mayor Tony Vauss opposes the use of eminent domain to acquire underwater mortgages. Mayor Vauss’ stance contradicts Irvington’s previous position. In March 2014, the Irvington Township Council had approved a resolution calling for the Township’s Planning Board to prepare a plan to acquire underwater mortgages.
Continue Reading Update: Condemnation of Underwater Mortgages
Lee County Road Round-Up – Spotlight: Bonita Beach Road Update
Phase III of the Bonita Beach Road widening project may be dead in the water, at least for now. The Bonita Springs City Council has voted to withhold contributing any funds toward the widening of Bonita Beach Road from four lanes to six lanes between Old 41 Road and U.S. 41, according to the News-Press
Lee County Road Round-Up: Spotlight Homestead Road Update
There have been some developments since the last blog post on the Homestead Road widening project. According to ABC7, funding from Lee County DOT is available for the project to proceed.
It is important to start planning now, as right-of-way acquisition may affect property owners along the segment of Homestead Road running from south
Update: Condemnation of Underwater Mortgages
Since our last update at the beginning of this year, Irvington, New Jersey has taken a small step toward the use of eminent domain to acquire underwater mortgages. In late March 2014, the Council of the Township of Irvington, in a 6 to 1 vote, approved a resolution calling for the Township’s Planning Board to
What’s Going on with State Road 29?
The Florida Department of Transportation is studying State Road 29 in order to determine the need for transportation improvements in Immokalee. FDOT is taking a look at State Road 29 from Oil Well Road in Collier County to State Road 82 and considering four alternatives designed to reduce truck traffic in downtown Immokalee, improve regional
Update: Condemnation of Underwater Mortgages
Well, it’s the beginning of a new year, and this a good time to tell you the state of the proposed use of eminent domain to acquire underwater mortgages. While no local government has actually begun condemnation proceedings to acquire underwater mortgages, a few things have changed since our last update in October. Additional
State Road 82 Widening Homestead Road to Lee/Hendry County Line Update
In this post, we will highlight the fourth segment of the seven-segment, 23-mile long State Road 82 widening project. The fourth segment runs on State Road 82 from Homestead Road to the Lee/Hendry County line. The Florida Department of Transportation will expand State Road 82 from two lanes to four lanes along this stretch, and