On March 11, 2016, this year’s Legislative Session came to a conclusion. From a land use perspective, Florida’s CS/CS/HB 1361 (the “Bill”) proposes several important amendments. The Bill was approved by the Governor on Friday, March 25, 2016 and will become effective on July 1, 2016. A copy can be viewed here.
What You Need to Know
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:
Know your rights. If you have any questions or concerns on condemnation, please feel free to reach out to me at carlos.kelly@henlaw.com.
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?”
On March 8, 2016, the Real Estate Investment Society of Southwest Florida (“REIS”) held its monthly luncheon with keynote speaker Cape Coral Mayor Marni Sawicki providing an insight as to her vision for the future of Cape Coral.
What Lies Ahead?
Mayor Sawicki emphasized the message that Cape Coral should no longer be considered “Cape Coma” and elaborated on the planning efforts for several new and exciting projects such as Bimini Basin. She shared that there has been a 50% increase in building permits. The City has also made an effort to decrease its reliance on its ad valorem tax revenue in case of another real estate catastrophe. Given that 92% of the City’s development is residential, and only 1% of that number constitutes multifamily housing, the Mayor stressed the importance of providing affordable places to live for young professionals and workers who otherwise cannot afford to purchase a single family home.
While the Mayor reminded everyone that Cape Coral is still relatively young and going through its “growing pains” in comparison to the City of Fort Myers, she remained optimistic about the potential growth and infrastructure that will ultimately attract more jobs and businesses to the area.
April REIS Meeting
Management of water resources in Southwest Florida will be discussed by Dan Delisi, AICP, former board member and chief of staff at South Florida Water Management District at the April 12 REIS Meeting. Click here to join the REIS LinkedIn Group.
First, as a follow up to a previous blog post regarding the Governor’s recent Executive Orders for the Zika virus and Heavy Rainfall, there are two important corrections.
Only a “State of Emergency” may be used to extend permits under Section 252.363, Florida Statutes. There is no corresponding right under a “Public Health Emergency.” Therefore, no extension of permits will be issued in connection with the “Public Health Emergency” declared in connection with the Zika Virus.
On February 18, 2016, the same day that the Heavy Rainfall SOE was set to expire, the Governor issued Executive Order 16-43 extending the declaration made in Executive Order 16-30 an additional fifteen (15) days.
Tuesday night’s sold out Market Watch 2016 event was held at the Harborside Event Center with over 1,100 attendees and featured presentations from real estate experts Randy Thibaut, Denny Grimes, and Stan Stouder.
Mr. Thibaut announced a 44% increase over the last year in building permits for Lee, Collier, and Charlotte Counties. Importantly, he reminded attendees that a large portion of the permits were apartment and assisted living units, which have been “white hot” in Southwest Florida lately. In fact, the Lee County apartment market is one of the best in the nation and has increased eight fold from 2014 to 2016, according to Mr. Stouder’s statistics.
Increase in Multi-Family Housing
Updated: March 2, 2016
In 2011, Florida enacted section 252.363, Florida Statutes, a law which grants certain permits and authorizations an extension for the amount of time a declared state of emergency was in effect, plus an additional six (6) months.
To qualify for the extension, a written notification of intent must be submitted to the agency that authorized the permit within ninety (90) days of the termination of the emergency declaration.
Continue Reading Heavy Rainfall Provides New Opportunity for Permit Extensions in Southwest Florida
The Florida Marketable Record Title Act (“MRTA”) was enacted in 1963 to simplify conveyances of real property and provide greater certainty to landowners. Generally, MRTA provides that any person holding any recorded estate or interest in land for 30 years or more has title to the land, free and clear of most claims or encumbrances. By eliminating many old and stale title claims, MRTA makes examining title to real property less labor intensive. An important effect of MRTA is that covenants and restrictions may be extinguished 30 years after their creation.
Restrictive Covenants Imposed by Governmental Zoning Approvals Are Not Subject to MRTA
Recently, in Save Calusa Trust v. St. Andrews Holdings, Ltd., et al., Nos. 3D14-2682 & 3D14-2690 (Fla. 3d DCA Jan. 13, 2016), the Third District addressed whether a restrictive covenant that is recorded in compliance with a government-imposed land use approval is a title interest subject to extinguishment by MRTA. The developer in that case sought both a rezoning and an “unusual use” approval in 1967 to create a new golf course development in Miami-Dade County. In a resolution approving the developer’s “unusual use” application, the County’s Zoning Appeals Board imposed a restrictive covenant requiring the property to be perpetually maintained as a golf course. Thereafter, the restrictive covenant was recorded in 1968, and the developer subsequently sold the property. In 2012, after acquiring the subject property and realizing that the golf course was no longer profitable, the subsequent developer/owner filed an action in circuit court to declare the restrictive covenant void, arguing it had been extinguished under MRTA. The Third District disagreed and held that because the restrictive covenant had been imposed through the governmental zoning reclassification approval process, the covenant did not fall within the purview of MRTA’s extinguishing effect.
Impact of Proposed MRTA Amendments
Section 7(a)(2) of the Endangered Species Act (“ESA”) requires that each federal agency ensure that any action authorized, funded, or carried out by the agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of those species. When the action of a federal agency may affect a protected species or its critical habitat, that agency is required to consult with either the National Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS), depending upon the protected species that may be affected.
Great News for Property Owners in Southwest Florida
On December 4, 2015 the National Marine Fisheries Service (NMFS) signed the Florida Statewide Programmatic Biological Opinion (Biological Opinion), which was based on NMFS review of the impacts associated with the U.S. Army Corps of Engineers (Corps’) authorization of minor in-water activities throughout Florida.
Continue Reading Faster Permitting in Florida for Certain In-Water Activities
On January 21, 2016, Certified Commercial Investment Members (“CCIM”), Southwest District, held its 16th Annual Commercial Real Estate Outlook Conference at the Harborside Event Center in Fort Myers, Florida. The annual event was well attended and full of positive projections from local leaders regarding market trends for Southwest Florida’s real estate industry. Land Use Attorney Austin Turner and Real Estate Attorney Michael Lehnert attended and provide the following recap:
The Mayor’s Inside Look at Downtown Fort Myers
The program began with the City of Fort Myers Mayor Randy Henderson providing an “inside look” at downtown. He explained that our community is postured for many robust real estate opportunities in the next decade, such as the development of its urban infill areas. Mayor Henderson seemed confident that the real estate market, both on a statewide and local level, “is back.” He stated that Fort Myers has recently issued permits for private development that will result in $450 million invested into the downtown area. The Mayor also stated that Florida SouthWestern State College (FSW’s) new baseball stadium and potential basketball arena will positively influence the community’s youth.
The Macro Outlook of Florida’s Real Estate Market
Continue Reading Southwest Florida Real Estate Industry Leaders Say “We’re Back”