Author: Elf
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The Ripeness Doctrine in Florida Land Use Law
The Bert J. Harris, Jr., Private Property Rights Protection Act was passed in Florida in 1995 to help landowners who feel that their property rights are being unfairly restricted by the government. The act addresses the issue of ripeness, which is about whether a legal dispute is ready to be decided by a court. The…
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Resolving Administrative Disputes
In 1996, the administrative law in Florida was revised to include new ways to solve disputes: mediation and a summary procedure. Mediation is when a neutral third party helps the involved parties find a solution together, instead of going to court. It’s a flexible and informal process focused on reaching a mutually agreeable solution. Basically,…
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Brownfields for Beginners
Brownfields are old, unused industrial or commercial sites that can’t be developed because people think they’re polluted. They’re often in poorer neighborhoods, but they’re not the most contaminated sites. People are scared of getting in trouble for cleaning them up and worry about getting money to develop them. Brownfields are important because accidents can cause…
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Florida’s Water Future: A Legislative Proposal for the Distribution of WAter Resourses in Florida
Florida has a lot of water, but most of it is far away from where people live. The population is mainly by the coast, so there’s not a lot of fresh water available. The coastal areas also have a problem with saltwater getting into the water supply. The state government divides the management of water…
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CERCLA Investor Liability: Don’t Ask, Don’t Tell Won’t Work
In 1980, the government passed a law called CERCLA, which made people responsible for cleaning up hazardous substances on their property, even if they didn’t cause the contamination. This law has made investing in real estate much riskier because now people can be held responsible for cleaning up hazardous substances on their property, even if…
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1997 Update on the Bert Harris Private Property Protection Act
The Bert J. Harris, Jr. Private Property Rights Protection Act allows property owners to sue the government if they feel that the government’s actions have unfairly restricted the use of their property. Before suing, the property owner must submit a written claim and get an appraisal of the property’s value. Within six months, the government…
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More Than a Drop in the Bucket: Florida Water Resources Act II
The new legislation aimed to make sure there’s enough water for everyone. But, there was a lot of arguing over the details. Some people wanted to plan ahead and protect the environment, while others were more focused on getting more water now. It’s still a work in progress. In 1996, the Florida Legislature tried to…
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Statutory Strict Liability for Environmental Contamination-A Private Cause of Action to Remedy Pollu
For someone trying to sue for damages from pollution in Florida, having a specific law to rely on seems like a good thing. But there’s a debate about whether the law actually allows for individual lawsuits for damages from pollution. Different courts have ruled in different ways, making it confusing for lawyers. The law was…
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Current Developments in Public School Concurrency
School overcrowding is a big problem in Florida because the population has grown so much. The state government has passed a $2.7 billion plan to build more schools, which should help. But there are still disagreements about how to pay for all the new schools needed. In Broward County, there are rules in place to…
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Man Let’em Grow: The State of Florida Mangrove Laws
Mangroves are trees that grow in tropical and subtropical areas near the water. In Florida, there are over 555,000 acres of mangroves, and most of them are protected for conservation. Even though some waterfront properties have mangroves, it is possible for people to live alongside them. In the late 1800s and early 1900s, Florida encouraged…
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Slipsliding Away: Landowners Continue to Lose Substantive Rights under Local Planning Case Law
This article is about how laws can have unintended consequences. It talks about a court case that added to a confusing body of growth management laws. The court gave more rights to third parties trying to reverse zoning approvals than to landowners trying to reverse zoning denials. The article looks at how these laws have…
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Protecting Florida’s Natural Resources
“Should we create a new commission to take care of our natural resources and wildlife? The new commission would have more power to make rules for fishing and marine life, and we could keep using bonds to fund conservation efforts. We would also make it harder to sell state lands that are meant for conservation.”…
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1999 Update on the Bert J. Harris Private Property Rights Protection
The Bert J. Harris, Jr., Private Property Rights Protection Act in Florida was created in 1995 to help protect property owners from unfair government actions that restrict their property rights. It allows property owners to file a claim if they can show that the government’s actions have unreasonably limited their ability to use their property.…
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Small Scale Plan Amendments: Legislative or Quasi-Judicial in Nature?
In 1997, the Florida Supreme Court made a decision in the case of Martin County v. Yusem, which clarified the standard of review for local government decisions on amendments to the local comprehensive plan. The court ruled that these decisions are legislative, not quasi-judicial, so they should be reviewed using the “fairly debatable” standard. However,…
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Dredging up the Butler Act
The Butler Act was a law from the 1920s that allowed waterfront property owners to get title to the land under the water next to their property if they made improvements to it. This law was repealed later on, but it still affects the ownership of underwater land that was improved before the repeal. In…
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Florida’s Accidental Release Prevention and Risk Management Planning Act
Florida’s emergency management officials are getting ready to take on new responsibilities for overseeing risk management planning for preventing accidental releases of hazardous air pollutants. About 2,180 Florida sites, including chemical plants and military bases, will file detailed risk management plans with the U.S. Environmental Protection Agency (EPA). This article provides a brief history of…
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Federal Appellate Court Revives the Nondelegation Doctrine in Environmental Case
Here’s a shortened version for you: Legal firm and attorney names have been changed. The federal government can’t give too much power to other branches of government. The Supreme Court recently sent back two air quality standards to the Environmental Protection Agency, saying they violated this rule. The EPA needs to have a clear guideline…
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1999 Amendments to Florida’s Eminent Domain Statutes
Governor Bush signed a law in Florida that changes the rules for when the government can take someone’s property for public projects. Now, before starting the legal process, the government has to try to make a deal with the property owner. They have to give the owner a written notice with details about the project…
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We Thought We Were Safe: Federal Court Holds RCRA Preempts State Petroleum Cleanup Bar Statute
In the case of Boyes v. Shell Oil Products Company, the U.S. Court of Appeals for the 11th Circuit ruled that citizens have the right to sue for the cleanup of petroleum contamination sites if there is a violation of the Resource Conservation and Recovery Act (RCRA) or if there is a threat to public…
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The Many Faces of Environmental Justice
Environmental justice is about treating all people fairly when it comes to making and enforcing laws about the environment. It’s a big issue that can affect businesses in Florida. People use the term to talk about a lot of different problems with how environmental decisions are made. Businesses can solve these issues by talking to…
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A Vision of the Future of Florida Land Use Law
In Florida, local governments have the power to govern themselves but must follow state laws. In the future, new regional governments will have more power and responsibility, especially in areas like water, transportation, and economic development. There will also be more focus on managing growth and planning for the future. This means being careful about…
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Everglades Ecosystem Restoration: A Watershed Approach by the Legislature
Simply put, the Everglades in Florida used to be much bigger and healthier, but human construction and development have damaged the ecosystem. A plan called the Comprehensive Everglades Restoration Plan (CERP) has been proposed to fix this by restoring the natural environment and water supply. It’s a big project involving many experts and a lot…
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Snyder House Rules? The New Deference in the Review of Quasi-Judicial Decisions
The Florida Supreme Court made a decision in a case called Board of County Commissioners of Brevard v. Snyder. The decision said that when local governments consider changing zoning laws for land, they have to have good evidence to support their decision. This makes it harder for the government to approve zoning changes. Developers and…
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Overfiling: Can the EPA Pursue a Case Where the State has Taken Enforcement Action? What Courts Have Done Since Harmon
The federal government sets environmental standards, but the states enforce them. If a state doesn’t do a good job, the EPA can step in and enforce the rules instead. However, there are some rules about when the EPA can do this, and courts have had different opinions about it. Harmon Industries in Grain Valley, Missouri…