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Weekly Legislative Update from April 10, 2015

Property Rights

HB 383- Relating to Private Property Rights
On Wednesday, April 8th, HB 383, relating to Private Property Rights, by Rep. Katie Edwards (D-Sunrise), passed through the House Judiciary Committee with 17 yeas and 1 nay.

The US Supreme Court has ruled that a government entity cannot demand that a property owner surrender property in order to receive land use permits unless there is a nexus between the government's demand on the landowner and the effect of the proposed land use. This legislation gives landowners the right to sue government entities for damages where local and state governmental entities impose conditions that rise to the level of unconstitutional exactions.  

The bill also amends the Bert J. Harris, Jr., Private Property Rights Protection Act to provide that the safe harbor provisions for settlement agreements between a property owner and governmental entity apply regardless of when the settlement agreement was entered so long as it fully resolves all claims.

HB 383 now heads to the floor of the House for a vote. AIF stood in support of this bill.

AIF supports this measure to protect the interests of Florida property owners.