Special to the Times
The state of Florida has passed legislation that requires that all counties and municipalities in the state add a specifically worded property rights element to its Comprehensive Land Use Plan. This requirement makes it necessary for each county to amend the text of its Comp Plan in such a way that rezoning of the entire county is necessary and the Union County Board of County Commissioners is in the process of doing so by advertising two public hearings on the matter (as required by law), the first of which has been set for Nov. 15, 2021 at 6 p.m., immediately prior to the commissions regular monthly meeting.
Local governments are not being given any choice in adopting the new changes and have been informed of penalties the state will impose if they do not do as they are told. Among these penalties are the prohibition of any changes to the Comp Plan in the future, a measure that could adversely affect growth in the county by prohibiting rezoning of any property or areas as needed. In Union County this would make the rezoning of the property purchased for a new fire station in Providence impossible (as the state has the right to disapprove any Comp Plan changes made by the county).
The wording of the land use elements is rather broad and commissioners expressed concern at the board’s October meeting about the possible interpretations of the wording. The objective of the document is stated as “In local decision making, the County shall consider the statement of right as enumerated in” in four listed policies:
Policy One states that “In local decision making, the County shall consider the right of the property owner to physically possess and control his or her interests in the property, including easements, leases or mineral rights.”
Policy Two states that “In local decision making, the County shall consider the right of the property owner to 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.”
Policy Three states that “In local decision making, the County shall consider the right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.”
Policy Four state that “In local decision making, the County shall consider the right of the property owner to dispose of his or her property through sale or gift.”
Discussion of the matter included comments that while these policies will serve to protect individual property owners from being misused by their local government and can in some cases actually stand in the way of progress by making it impossible for local government to make changes that will affect the property owner, it offers no protection between property owners. It does not prohibit one property owner from making changes to his or her property that have an adverse effect on a neighbor’s property that could reduce its value or in other ways be detrimental to it.
According to the verbiage accompanying the required addition to the county’s Comp Plan, the assumption is made that other local ordinances and elements of the plan will prohibit any such activities, but it is also stated that “all resolutions or portions of resolutions in conflict with” the new policies “are hereby repealed to the extent of such conflict” upon approval of the ordinance necessary to officially adopting the new law.
The commission tabled this issue at the October meeting to further consider the implications of the policies and also to give them time to find out what their options were should they decide the reject the addition to the plan. Since the property rights element has been made law and is already added to the Florida statues, the commission has found that it really cannot refuse to add the issue to the plan.
The commission is required to hold two public hearings to allow citizens to comment an express their wishes and concerns on the matter and will also be required to approve an ordinance adding the verbiage to the plan, which must see two readings and votes to become official. The county is then required to inform the state, and offer proof, that the provisions have been added to the Comp Plan.
