ABSTRACT

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.

chapter 1|3 pages

Introduction

part Part I|94 pages

How governments regulate land use

chapter 2|13 pages

Nuisance

chapter 3|5 pages

Local government land use powers

chapter 4|10 pages

Substantive due process

chapter 5|19 pages

Quasi-judicial decision-making

chapter 6|16 pages

Florida's planning statutes

chapter 7|9 pages

Judicial treatment of comprehensive plans

chapter 8|5 pages

Local variation

chapter 9|15 pages

Specific quasi-judicial decisions

part Part II|57 pages

Challenging land use decisions

chapter 10|7 pages

Administrative hearing

chapter 11|9 pages

Writ of certiorari

chapter 12|32 pages

Consistency challenge

chapter 13|7 pages

Declaratory judgment

part Part III|64 pages

Property rights

chapter 14|11 pages

Eminent domain

chapter 15|12 pages

Per se regulatory takings

chapter 16|25 pages

Ad hoc balancing test for regulatory takings

chapter 17|14 pages

Florida law protections for property rights

part Part IV|48 pages

Infrastructure

chapter 18|15 pages

Exactions

chapter 19|12 pages

Taxes, assessments, and fees

chapter 20|4 pages

Tax increment financing

chapter 21|7 pages

Concurrency

chapter 22|5 pages

Development agreements

chapter 23|3 pages

Plats and restrictive covenants

part Part V|29 pages

Additional U.S. Constitutional issues

chapter 24|12 pages

Equal protection

chapter 25|10 pages

Speech

chapter 26|5 pages

Religion