Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples.
Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law.
This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.
1 Introduction Part I How Governments Regulate Land Use 2 Nuisance 3
Local Government Land Use Powers 4 Substantive Due Process 5 Quasi-Judicial
Decision-Making 6 Floridas Planning Statutes 7 Judicial Treatment of
Comprehensive Plans 8 Local Variation 9 Specific Quasi-Judicial Decisions
Part II Challenging Land Use Decisions 10 Administrative Hearing 11 Writ Of
Certiorari 12 Consistency Challenge 13 Declaratory Judgement Part III
Property Rights 14 Eminent Domain 15 Per Se Regulatory Takings 16 Ad Hoc
Balancing Test for Regulatory Takings 17 Florida Law Protections for Property
Rights Part IV Infrastructure 18 Exactions 19 Taxes, Assessments, and Fees 20
Tax Increment Financing 21 Concurrency 22 Development Agreements 23 Plats and
Restrictive Covenants Part V Additional U.S. Constitutional Issues 24 Equal
Protection 25 Speech 26 Religion
W. Thomas Hawkins is a Lecturer in the University of Floridas Department of Urban and Regional Planning and is Program Director of the university's online Master of Urban and Regional Planning. In addition to teaching courses in land use law, planning administration and ethics, and development review for the department, Thomas has taught land use law for the Levin College of Law and for Florida State University. Prior to joining the department, he was Policy & Planning Director of 1000 Friends of Floridathe states leading advocate for planning and growth management in the public interestwhere he addressed land use and transportation policy. Thomas also served two terms as a Gainesville City Commissioner. He has a law degree from the Emory University School of Law, a Master of Science in Real Estate from the Hough Graduate School of Business at the University of Florida, is a member of the American Institute of Certified Planners, and a member of the Florida Bar.
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