10. Private Property Rights Element

Goal Statement

The Town shall consider, amongst other factors required by the Comprehensive Plan, Land Development Regulations, or Code of Ordinances, judicially acknowledged and constitutionally protected private property rights in its decision-making.

Objective 10.1: Private Property Rights

Policy 10.1.1: In accordance with the legislative intent expressed in Section 163.3161 (10) of the Florida Statutes, the Town shall consider, amongst other factors required by the Comprehensive Plan, Land Development Regulations, or Code of Ordinances, the following rights of a property owner in its decision-making. The right to:

• Physically possess and control his or her interests in the property, including easements, leases, or mineral rights;
• Use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances;
• Privacy and to exclude others from the property to protect the owner's possessions and property; and,
• The right of a property owner to dispose of his or her property through sale or gift.

Nothing in this Objective is intended to limit, alter, or regulate a property owner’s right to transfer or dispose of his or her property by other means, including by devise, descent, or lease. In accordance with Article X, Section 6 of the Florida Constitution, the Private Property Rights Protection Act codified in Chapter 70 of the Florida Statutes and Florida common law, the Town acknowledges and recognizes such private property rights as constitutionally protected property rights.