Threat of Condemnation Near Everglades Does Not Constitute Takings, Court Finds

摘要

The owners of undeveloped wetland on the edge of the Everglades failed to establish takings against a Florida water management district that had planned to, but did not actually purchase the properties as part of a basin recharge plan, a state court of appeal affirmed (Teitelbaum v. S. Fla. Water Mgmt. Dist., 2015 BL 200728, Fla. Dist. Ct. App., No. 3D14-963, 6/24/15). Writing for a unanimous panel of the Florida Third District Court of Appeal, Judge Leslie B. Rothenberg concluded in a June 24 opinion that Anne Teitelbaum and other landowners failed to produce "evidence that their property rights or values have been substantially diminished, and the Plaintiffs indisputably have the same rights and interests in the property now as when they purchased it."