SB 869- Relating to Location of Utilities
On Thursday, April 2nd, SB 896, relating to Location of Utilities, by Senator Jeff Brandes (R- St. Petersburg), passed through the Senate Transportation Committee with 5 yeas and 1 nay.
SB 896 will clarify the difference between a Right of Way (RoW) and an easement. This bill will also define which party is financially responsible for the transfer/move in both a RoW and an easement.
This bill will head to its last committee stop in the Senate Appropriations Committee . The House companion, HB 391, is also headed its last committee stop in the House Regulatory Affairs Committee. AIF’s Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.
AIF supports protecting the private property rights of Florida businesses.
HB 383- Relating to Private Property Rights
On Tuesday, March 31st, HB 383, relating to Private Property Rights, by Rep. Katie Edwards (D-Sunrise), passed through the House Appropriations Committee with 20 yeas and 7 nays.
The US Supreme Court has ruled that a government entity cannot demand that a property owner surrender property in order to receive land use permits unless there is a nexus between the government's demand on the landowner and the effect of the proposed land use. This legislation gives landowners the right to sue government entities for damages where local and state governmental entities impose conditions that rise to the level of unconstitutional exactions.
The bill also amends the Bert J. Harris, Jr., Private Property Act to provide that only those property owners whose real property is the subject of and directly impacted by the action of a governmental entity may bring suit under the act and to provide that the safe harbor provisions for settlement agreements between a property owner and governmental entity apply regardless of when the settlement agreement was entered.
HB 383 will now head to its last stop in the House Judiciary Committee. AIF stood in support of this bill.
AIF supports this measure to protect the interests of Florida property owners.
