Florida Legal Foundation President Issues Important Decision on Private Property Rights

Order on Non-Binding Arbitration.

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Date: October 8, 2024

Although not done under the aegis of the Florida Legal Foundation, the

Foundation considers it worthy of note here that Foundation President, Frank A.

Shepherd, recently issued an important decision in a court-ordered Non-Binding

Arbitration which he was the court-appointed arbitrator in which he held that Collier

County violated both Florida’s Bert J. Harris Private Property Protection Act, §70.001 et

seq. and constituted a taking of private property under Article X, section 6 of the Florida

Constitution. The Order on Non-Binding Arbitration spans 30 pages. Pages 17-32 of

the Order contains a fulsome analysis of both the Bert Harris Act and its application to

the facts of the instant case as well as the law of takings under the Florida Constitution.

Because of the dearth of case law in these areas, the Foundation attaches this Order to

assist landowners and counsel in protecting private property rights against government

intrusion.