(L-R) Third DCA Chief Judge Kevin Emas, Judge Eric Hendon, and Judge Bronwyn C. Miller. (Credit: Courtesy photo/ALM) Florida Appellate Court Orders City to Pay Up Over Regulatory-Taking Tactics
"You can't use transferable development rights or gimmicky substitutes as a get-out-of-just compensation card," said Robert H. Thomas, the property rights litigation director at the Pacific Legal Foundation, who represented the plaintiff.
May 09, 2023 at 02:19 PM
5 minute read
Litigation
A Florida appellate court clarified the state's interpretation of a question that the U.S. Supreme Court has been grappling with for more than a century: At what point does regulatory taking go from harm prevention to a backdoor way of taking property, while avoiding the payment of just compensation?
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