THE TERMINOLOGY OF FLORIDA'S NEW PROPERTY RIGHTS LAW: WILL IT ALLOW EQUITY TO PREVAIL OR GOVERNMENT TO BE "TAKEN" TO THE CLEANERS?

Ellen Avery

This Comment examines the Bert J. Harris Private Property Rights Act. First, the Comment examines the statutory term "inordinate burden," using Florida cases and United States Supreme Court jurisprudence in an attempt to predict judicial interpretation of the language. The Comment also analyzes the essential elements of nuisance in common law, as well as the requirements for a noxious use of private property under current Florida law, in an attempt to point to regulations that may be exempt from the new law. This Comment explores the issue of who bears the burden of proof under the new law and examines the level of proof necessary to establish whether an "inordinate burden" has been caused by a governmental action.

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