380.08
Protection of landowners’ rights.
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380.08 Protection of landowners’ rights.—
(1) Nothing in this chapter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the constitutions of this state or of the United States.
(2) If any governmental agency authorized to adopt a rule or regulation or issue any order under this chapter determines that, to achieve the purposes of this chapter, it is in the public interest to acquire the fee simple or lesser interest in any parcel of land, such agency shall so certify to the state land planning agency, the Board of Trustees of the Internal Improvement Trust Fund, and other appropriate governmental agencies. Prior to such agency’s acquiring such land, the seller of the land shall file a statement with the department disclosing, for at least the last 5 years prior to the conveyance of title to the state, all financial transactions concerning the land and all parties having a financial interest in any transaction.
(3) If any governmental agency denies a development permit under this chapter, it shall specify its reasons in writing and indicate any changes in the development proposal that would make it eligible to receive the permit.
History.—s. 8, ch. 72-317; s. 2, ch. 75-81; s. 16, ch. 84-330; s. 4, ch. 89-276; s. 15, ch. 92-288; s. 66, ch. 95-143.
Notes of Decisions
Cited in 13
cases, 1977–2016 · leading case: Graham v. Estuary Properties, Inc.
Graham v. Estuary Properties, Inc. (1981)
“We disagree with the district court's conclusion that the facts as found by the agency [10] constituted a taking and therefore violated the constitution or section 380.08, Florida Statutes. There is no settled formula for determining when the valid exercise of police power stops…”
Fox v. Treasure Coast Regional Planning Council (1983)
“Under Section 380.08(1), Florida Statutes, the governmental agency may not issue an order that is unduly restrictive or that constitutes a taking of property without the payment of full compensation.”
Estuary Properties, Inc. v. Askew (1979)
“F.S. 380.08, provides in part that: "(1) Nothing in this chapter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the…”
Albrecht v. State (1981)
“It seems to me that much of the confusion surrounding this problem has resulted from unwarranted assumptions about the meaning and purpose of language such as that found in subsection (1) of section 380.08, Florida Statutes (1972). [4] There is, of *215 course, no indication…”
Ganson Jr. v. City of Marathon (2016)
“21 compensation”); see also § 380.08, Fla. Stat. (“Nothing in this chapter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of…”
Monroe County v. Ambrose (2003)
“Section 380.08, Florida Statutes (1997), provides that the government cannot adopt a rule or regulation that constitutes a taking without providing full compensation.”
Joint Ventures, Inc. v. Dept. of Transp. (1988)
“" Additionally, Section 380.08(1), Florida Statutes, explicitly provides that no government agency may adopt a rule or regulation "that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the constitutions of this…”
Cross Key Waterways v. Askew (1977)
“" Section 380.08(1). Thus invoking well-established standards which limit governmental regulation of the use of private property, the Act does not unconstitutionally take private property without compensation, deprive persons of property without due process of law, or abridge…”
Battaglia Prop. v. Land & Water Adj. Com'n (1993)
“§ 380.08(1), Fla. Stat. (1991). In Snyder v.”
Sarasota County v. Taylor Woodrow Homes (1995)
“Although section 380.08, Florida Statutes (1973), would have allowed Taylor Woodrow Homes to challenge any regulation or order that it regarded as unduly restrictive, there is no indication that Taylor Woodrow Homes ever attempted to disavow its obligations concerning the waste…”
Coscan Florida, Inc. v. Metropolitan Dade County (1991)
“Section 380.08(3), Florida Statutes (1987), 1 provides that after specifying the reasons for denying a proposed development, the agency shall indicate any changes in the development proposal that would make it eligible to receive the permit.”
Fairfield Communities, Inc. v. Florida Land & Water Adjudicatory Commission (1987)
“Otherwise, Fairfield contends, the intervenors are effectively exercising a right to initiate these proceedings, a right restricted by statute to “the owner, the developer, an appropriate regional planning council .”
— 380.08(1) — 6 cases
Estuary Properties, Inc. v. Askew (1979)
“F.S. 380.08, provides in part that: "(1) Nothing in this chapter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the…”
Fox v. Treasure Coast Regional Planning Council (1983)
“Under Section 380.08(1), Florida Statutes, the governmental agency may not issue an order that is unduly restrictive or that constitutes a taking of property without the payment of full compensation.”
Albrecht v. State (1981)
“It seems to me that much of the confusion surrounding this problem has resulted from unwarranted assumptions about the meaning and purpose of language such as that found in subsection (1) of section 380.08, Florida Statutes (1972). [4] There is, of *215 course, no indication…”
Joint Ventures, Inc. v. Dept. of Transp. (1988)
“" Additionally, Section 380.08(1), Florida Statutes, explicitly provides that no government agency may adopt a rule or regulation "that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the constitutions of this…”
Cross Key Waterways v. Askew (1977)
“" Section 380.08(1). Thus invoking well-established standards which limit governmental regulation of the use of private property, the Act does not unconstitutionally take private property without compensation, deprive persons of property without due process of law, or abridge…”
— 380.08(2) — 1 case
Fairfield Communities, Inc. v. Florida Land & Water Adjudicatory Commission (1987)
“Otherwise, Fairfield contends, the intervenors are effectively exercising a right to initiate these proceedings, a right restricted by statute to “the owner, the developer, an appropriate regional planning council .”
— 380.08(3) — 6 cases
Graham v. Estuary Properties, Inc. (1981)
“We disagree with the district court's conclusion that the facts as found by the agency [10] constituted a taking and therefore violated the constitution or section 380.08, Florida Statutes. There is no settled formula for determining when the valid exercise of police power stops…”
Fox v. Treasure Coast Regional Planning Council (1983)
“Under Section 380.08(1), Florida Statutes, the governmental agency may not issue an order that is unduly restrictive or that constitutes a taking of property without the payment of full compensation.”
Albrecht v. State (1981)
“It seems to me that much of the confusion surrounding this problem has resulted from unwarranted assumptions about the meaning and purpose of language such as that found in subsection (1) of section 380.08, Florida Statutes (1972). [4] There is, of *215 course, no indication…”
Estuary Properties, Inc. v. Askew (1979)
“F.S. 380.08, provides in part that: "(1) Nothing in this chapter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the…”
Coscan Florida, Inc. v. Metropolitan Dade County (1991)
“Section 380.08(3), Florida Statutes (1987), 1 provides that after specifying the reasons for denying a proposed development, the agency shall indicate any changes in the development proposal that would make it eligible to receive the permit.”
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