Zoning, Property Value, And Eminent Domain Article

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Zoning, Property Value, and Eminent Domain

Even as a property owner you do not have the right to do whatever you want with your property. The government sets limits on what can be done with your property, and these limits are included in what is called "zoning" of your property.

Author: Sara Goldstein

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The zoning of a property can have significant impact on its value. Property that is zoned for high-density development, for example, is much more valuable than property that is zoned for low-density development. There are just more highly profitable options for working with high-density property than for low-density property.

Sometimes, city and county zoning boards will change the zoning of your property, often in an attempt to control development of the property. In this procedure, known as "downzoning," governments attempt to control urban sprawl, which requires dense development. As a result, the value of your property may be affected. Does this constitute eminent domain and can you therefore seek compensation with an inverse condemnation lawsuit?

Is Downzoning Eminent Domain?

When a government entity downzones your property, they have effectively taken away a significant portion of your property's value. Is this taking compensable?

In most cases, no. The current standard for zoning changes is that they are not compensable if the zoning change is considered "fairly debatable" in terms of public value. In other words, if there is a reasonable amount of evidence supporting a zoning change, even if it is not the preponderance of evidence, then it cannot be overturned.

Many local governments will argue that although your property value has gone down, you receive numerous "givebacks" from the downzoning that compensate your for the property value loss.

Getting Compensation for Downzoning

However, you may be able to get compensation for downzoning. Compensation would depend on proving at least three things:

• The downzoning is unreasonable
• You and perhaps others in the area are unfairly impacted by the action
• You and others in the area do not receive reasonable giveback from the change

This may make getting compensation difficult, but it may not be impossible in your case. And for people in Florida, the Bert J. Harris, Jr. Private Property Rights Protection Act may be able to help you. This act protects you if you are saddled with an inordinate burden by government action and the use that is prevented by downzoning is reasonable, foreseeable, and nonspeculative.

An eminent domain attorney may be able to help you get compensation if your property has been adversely affected by a downzoning action.

To learn more about your property rights, please visit the website of the Florida Property Rights Law Firm today.

About Author

The Florida Eminent Domain Law Firm represents individuals and businesses when the State of Florida attempts to take their land using Eminent Domain and Condemnation Laws.

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Zoning, Property Value, and Eminent Domain