Inverse Condemnation: Failure To Seek Development Permits Ends Inverse Condemnation Claim

Wednesday, August 14, 2013 12:00 am
Land Use Law Report, Volume 41, Number 8

A Board of County Commissioners determined that development regulations had stripped landowners of all economic use of their properties, but the courts held that no inverse condemnation occurred because the owners never made an attempt to develop their properties.

Facts: The owners of seven properties in the Florida Keys sued Monroe County, Florida seeking just compensation for inverse condemnation. They alleged that the county had deprived them of all reasonable economic use of their property when it enacted development regulations in the late 1980s. The landowners all professed to have development plans, but none sought development permits.

A primary motivation for the suit was a Board of County Commissioners (BOCC) 2000 decision that these landowners had been deprived of all use and value of their properties; in that same decision, the BOCC recommended purchas[..]


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