Full Description
Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples.
Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law.
This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.
Contents
1 Introduction Part I How Governments Regulate Land Use 2 Nuisance 3 Local Government Land Use Powers 4 Substantive Due Process 5 Quasi-Judicial Decision-Making 6 Florida's Planning Statutes 7 Judicial Treatment of Comprehensive Plans 8 Local Variation 9 Specific Quasi-Judicial Decisions Part II Challenging Land Use Decisions 10 Administrative Hearing 11 Writ Of Certiorari 12 Consistency Challenge 13 Declaratory Judgement Part III Property Rights 14 Eminent Domain 15 Per Se Regulatory Takings 16 Ad Hoc Balancing Test for Regulatory Takings 17 Florida Law Protections for Property Rights Part IV Infrastructure 18 Exactions 19 Taxes, Assessments, and Fees 20 Tax Increment Financing 21 Concurrency 22 Development Agreements 23 Plats and Restrictive Covenants Part V Additional U.S. Constitutional Issues 24 Equal Protection 25 Speech 26 Religion
