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Articles 1 - 23 of 23

Full-Text Articles in Law

From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams Aug 2018

From Lucas To Palazzolo: A Case Study Of Title Limitations, Brittany Adams

Florida State University Journal of Land Use and Environmental Law

This Note examines what state courts and lower federal courts have found to be "background principles" of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take …


Judicial Activism In Enforcement Of Florida's Net Ban, Marlene K. Stern Aug 2018

Judicial Activism In Enforcement Of Florida's Net Ban, Marlene K. Stern

Florida State University Journal of Land Use and Environmental Law

In this Article, the author examines county court decisions and jury nullification regarding the 1994 amendment to the Florida Constitution known as the "net ban" in the Florida Panhandle. The Article considers the events leading to the 1994 amendment passed by citizen initiative petition that limits marine net fishing. The Article provides glimpses into the social, economic, and political elements of the fishing communities affected by the net ban. The article provides examples of suspect decisions issued by Panhandle county courts, and examines the factors possibly motivating these decisions. Application of a framework for analyzing judicial decisions demonstrates that the …


Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern Aug 2018

Improvements Under Florida's Butler Act: Can We Have A Definition Please?, Allan E. Wulbern

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author explores the ambiguity that is Florida's Butler Act and argues that direction is needed, either from the Florida Supreme Court or the Florida Legislature. The discussion begins with the roots of the Butler Act, the Riparian Rights Act of 1856, the analysis of which blends seamlessly with that of the public trust doctrine. Turning to the most significant ambiguity in the Butler Act, the author surveys the cases construing the meaning of "improvements" as used in the Act and contrasts each of them against the others. Most notably, the author examines the effect the Butler …


Coastal Protection Of Sea Turtles In Florida, Katherine R. Butler Aug 2018

Coastal Protection Of Sea Turtles In Florida, Katherine R. Butler

Florida State University Journal of Land Use and Environmental Law

This Comment concentrates on the coastal threats to sea turtle survival in Florida and the laws the state has enacted to protect sea turtles against the detrimental effects of human coastal activities, including operating vehicles on the beaches, artificial beachfront lighting, and interference in nesting behavior associated with coastal construction and erosion control projects. After providing background information on sea turtle behavior and describing the dangers sea turtles face in Florida, this Comment examines federal and state laws designed to protect sea turtles. The author then analyzes the success of these laws and additional efforts to protect Florida's sea turtles. …


Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson Aug 2018

Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson

Florida State University Journal of Land Use and Environmental Law

In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators. Additionally, the …


Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts Aug 2018

Private Property Rights In Florida: Is Legislation The Best Alternative?, Robert P. Butts

Florida State University Journal of Land Use and Environmental Law

This Article analyzes the Bert J. Harris, Jr. Private Property Rights Protection Act (Act) passed by the Florida Legislature in 1995. In addition to examining the legislation, the Article includes an examination of the Act in the context of existing Florida takings case law. This is done by comparing the present case results to the anticipated results under the Act. This evaluation is followed by reviewing the perspective views of both the property rights proponents and opponents. Next, the author discusses the anticipated state of takings law in Florida. The author concludes that legislation is the best way to address …


The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher Aug 2018

The Politics Of Municipal Incorporation In South Florida, Russel M. Lazega, Charles R. Fletcher

Florida State University Journal of Land Use and Environmental Law

In the past few years, more affluent unincorporated communities have chosen incorporation, particularly in South Florida. This Article addresses the recent incorporation phenomenon in Florida, examining the causes and effects of the movement. The first part of the Article provides background on the structure of Florida's local government system. Additionally, the Article discusses the advantages of incorporation to Florida's communities, explaining the impetus for this new trend. Next, the Article explores the revenue tax base erosion resulting from these recent incorporations and discusses other problems caused by the incorporation wave. Lastly, the Article presents potential options to assuage the incorporation …


The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?, Ellen Avery Aug 2018

The Terminology Of Florida's New Property Rights Law: Will It Allow Equity To Prevail Or Government To Be "Taken" To The Cleaners?, Ellen Avery

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless Aug 2018

Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman Aug 2018

Takings Law In Florida: The Whole Is Greater Than The Sum Of Its Parcels, David K. Thulman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Wetlands Regulation And Mitigation After The Florida Environmental Reorganization Act Of 1993, Bruce Wiener, David Dagon Aug 2018

Wetlands Regulation And Mitigation After The Florida Environmental Reorganization Act Of 1993, Bruce Wiener, David Dagon

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek Aug 2018

Appellate Review In Land Use Regulation: Applying A Formal Versus A Functional Analysis (Park Of Commerce Associates V. City Of Delray Beach, 606 So. 2d 633 (Fla. 4th Dca 1992)), Tricia A. Krinek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


A Comparative Analysis Of The Criminal Environmental Laws Of The Fifty States: The Need For Statutory Uniformity As A Catalyst For Effective Enforcement Of Existing And Proposed Laws, John Decicco, Edward Bonanno Aug 2018

A Comparative Analysis Of The Criminal Environmental Laws Of The Fifty States: The Need For Statutory Uniformity As A Catalyst For Effective Enforcement Of Existing And Proposed Laws, John Decicco, Edward Bonanno

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra Aug 2018

Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby Aug 2018

Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby

Florida State University Journal of Land Use and Environmental Law

This Article discusses water supply problems in Florida, specifically addressing water supply and local and regional planning laws. First, background is provided on Florida's current water situation, including Florida's state and local growth management plans. Additionally, the Article analyzes the role of the water management districts in Florida. The Article examines two factors contributing to Florida's water supply problems: pollution and population growth. Finally, the Article concludes with recommendations to alleviate these water problems, including leadership and coordination in planning, emphasis of regional planning components, further research of the local supply first policy, promotion of conservation, and finally, encouragement of …


Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard Aug 2018

Will Florida's New Net Ban Sink Or Swim?: Exploring The Constitutional Challenges To State Marine Fishery Restrictions, Alexandra M. Renard

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Development Agreement And Its Use In Resolving Large Scale, Multi-Party Development Problems: A Look At The Tool And Suggestions For Its Application, Robert M. Kessler Aug 2018

The Development Agreement And Its Use In Resolving Large Scale, Multi-Party Development Problems: A Look At The Tool And Suggestions For Its Application, Robert M. Kessler

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson Aug 2018

Environmental Protection Through Constitutional Amendment, Robert T. Mann, Richard Jackson

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer Aug 2018

Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Government Subsidy Of Coastal Barrier Development, Mike Donovan Aug 2018

Government Subsidy Of Coastal Barrier Development, Mike Donovan

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Warren S. Henderson Wetlands Protection Act Of 1984: A Primer, Mary F. Smallwood, Silvia Morell Alderman, Martin R. Dix Aug 2018

The Warren S. Henderson Wetlands Protection Act Of 1984: A Primer, Mary F. Smallwood, Silvia Morell Alderman, Martin R. Dix

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Local Government Plan Consistency And Citizen Standing: Renard In The Chicken Coop?, Terrell K. Arline, David M. Layman, Carl Coffin Aug 2018

Local Government Plan Consistency And Citizen Standing: Renard In The Chicken Coop?, Terrell K. Arline, David M. Layman, Carl Coffin

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith Aug 2018

Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith

Florida State University Journal of Land Use and Environmental Law

This Article sets forth and analyzes the Development of Regional Impact (DRI) Process and suggests changes which should be made to improve the process under the Florida Environmental Land and Water Management Act. The Article discusses how to determine whether a project is a DRI subject to regulation under chapter 380, Florida Statutes. The Article also discusses various DRI review procedures, including regular DRI review, coordinated review process, master development approval, substantial deviations, and area-wide development plans. The Article explains the appeals process under chapter 380, including standing, procedure and scope of review. The Article concludes that if the DRI …