1st Edition

Land Use Law in Florida

By W. Thomas Hawkins Copyright 2021
    314 Pages 6 B/W Illustrations
    by Routledge

    314 Pages 6 B/W Illustrations
    by Routledge

    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. Florida’s 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 Florida’s 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 Florida—the state’s leading advocate for planning and growth management in the public interest—where 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.