Private Property Rights in Florida: Is Legislation the Best Alternative?

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 takings laws in Florida and a more permanent alternative, such as a constitutional amendment, is presently premature since takings law is still evolving.