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Land Use and Environmental Dispute Resolution Act

Landowners in Florida may benefit from reviewing the 2014 statutes concerning relief from burdens on real property rights. The Florida Land Use and Environment Resolution Act grants a real property owner the right to seek relief within 30 days of receiving a government entity's enforcement action or development order that is perceived to be unreasonable or creates an unfair burden.

The term 'government entity" may include state, regional or local agencies, but the United States and its agencies are indemnified under the act's provisions. In order to initiate any progress towards relief, real property owners are required to file the request with the individual heading the government entity that initiated the enforcement action or development order. The head of the agency is then required to forward the owner's relief request to a mutually-approved special magistrate within 10 days of receiving the complaint.

According to the Act, the owner and any parties affected by the enforcement action or development order are entitled to receive a copy of the request for relief. The request includes a brief on the owner's proposed use for the property, a summary of the enforcement action or development order, a short statement concerning the impact of the order and a certificate of service indicating all parties who were served.

Real property owners adversely impacted by an impending enforcement action or development order may benefit from contacting a real estate attorney. Landowners struggling with other types of real estate disputes typically benefit from contacting legal counsel as well. These types of lawyers may also prove to be an effective resource for homeowners who need a foreclosure defense.

Source: Online Sunshine, "Relief from burdens on real property rights", October 07, 2014

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