Preservation Deal Enforceable: Not a Taking

Lawlor, James
March 2006
Planning;Mar2006, Vol. 72 Issue 3, p33
Trade Publication
The article says that the Florida District Court Appeal has ruled in the case of "Palm Beach Polo v. Village of Wellington". The court decided that a current landowner of a property must adhere to a preservation deal between the previous owner and the country and a municipality that didn't exist when the agreement was made. The court's decision ruled in favor of Village of Wellington. An owner is entitled to relief when a government action directly restricts the use of property in such a way that the owner is permanently unable to gain its reasonable, investment-backed expectation for its existing use or a vested right to a specific use, as what Florida's private property rights protection act provides. The court declared that there was no reasonable investment-backed expectation for an exiting use. It ruled that Polo's claim under the state property right protection act was thus frivolous.


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