Takings: Separately-Platted Properties Have Their Own Investment-Backed Expectations

Tuesday, January 15, 2013 12:00 am
Land Use Law Report, Volume 41, Number 1

A trial court erred by basing a landowner's "investment-backed expectations" on development plans for two separately-platted properties that had been developed decades before the plat in question.

Facts: Galleon Bay Corporation (Galleon) owns 8.6 acres on No Name Key, one of the Florida Keys in Monroe County, Florida. In 1990, Galleon set out on what the court referred to as an "odyssey of disappointment" when it applied to plat its property for 42 single-family lots. After negotiating with the County, it agreed to reduce the number of platted lots to 14, well below both the 42 lots it initially sought and the 25 lots it was entitled to under the county zoning ordinance. The Board of County Commissioners of Monroe County (Commission) approved the plat in January 1991.

The Florida Department of Community Affairs appealed the plat, and Galleon eventually settled with the department and the County, agreeing to a revised plat, a conservation easement, and a number of restrictions--including Restriction 4, which stated in relevant part that the lots could only be used "for single family residential purposes and for those uses permitted under the 'Commercial Fishing Village'" zoning designation. Until the revised plat was approved in April 1994, Galleon [..]


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