The Wolf in Sheep's Clothing: How Historical and Blight Designations in The Absence of Constitutional Safeguards Can Render Property Rights Illusory

Authors

Kyle B. Teal, Buchanan Ingersoll & Rooney PC
Dane L. Stuhlsatz, Buchanan Ingersoll & Rooney PC

First Page

136

Document Type

Article

Abstract

This article summarily analyzes those more subtle forms of property rights infringement, including historical designations and blight designations, and it critiques laws in place that purport to grant local government the authority to assert such designations. This article also provides a summary of the causes of action owners aggrieved by unjust designations could bring in response, and critiques the flaws in those elective safeguards, which are prevalent even in property rights friendly jurisdictions such as Florida. It then proposes high-level solutions to enact legislation to limit fee exposure for property owners who bring inverse condemnation actions and Bert J. Harris claims, and to impose new procedural requirements calling for appraisal reports and payment of full compensation for properties burdened by certain governmental designations.

Recommended Citation

Kyle B. Teal & Dane L. Stuhlsatz, The Wolf in Sheep's Clothing: How Historical and Blight Designations in The Absence of Constitutional Safeguards Can Render Property Rights Illusory, 35 St. Thomas L. Rev. 136 (2023).
Available at: https://scholarship.stu.edu/stlr/vol35/iss2/2