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House Bill 1117




    Florida House of Representatives - 1997               HJR 1117

        By Representatives Burroughs and Putnam






  1                      House Joint Resolution

  2         A joint resolution proposing the creation of

  3         Section 17 of Article X of the State

  4         Constitution, relating to property rights.

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  6  Be It Resolved by the Legislature of the State of Florida:

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  8         That the creation of the following Section 17 of

  9  Article X of the State Constitution is agreed to and shall be

10  submitted to the electors of this state for approval or

11  rejection at the next general election or at an earlier

12  special election specifically authorized for that purpose:

13                            ARTICLE X

14                          MISCELLANEOUS

15         SECTION 17.  Property rights.--

16         (a)  When any action or regulation by the state, its

17  agencies, or its political subdivisions restricts, for the

18  public good, the use of part or all of private real property

19  thereby causing a loss in the fair-market value of the

20  property which in fairness should be borne by the public, full

21  compensation must be paid to the owner of the real property.

22         (b)  All these issues must be determined by jury trial

23  in circuit court without prior resort to administrative

24  remedies.

25         (c)  This section applies to actions taken and

26  regulations enacted after the effective date of this section

27  as well as to the application after the effective date of this

28  section of regulations enacted on or before the effective date

29  of this section without abrogating any other remedy lawfully

30  available.

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    Florida House of Representatives - 1997               HJR 1117

    554-156-97






  1         (d)  This section does not apply to any governmental

  2  action or regulation that restricts a use of real property

  3  which is a nuisance under the common law.

  4         BE IT FURTHER RESOLVED that the following statement be

  5  placed on the ballot:

  6                     CONSTITUTIONAL AMENDMENT

  7                      ARTICLE X, SECTION 17

  8         PROPERTY RIGHTS:  COMPENSATION FOR UNFAIR VALUE LOSS

  9  CAUSED BY GOVERNMENTAL USE RESTRICTIONS ON REAL

10  PROPERTY.--Proposing an amendment to the State Constitution

11  which requires that, when government restricts the use of

12  private real property, other than nuisance property, and

13  causes a loss in fair-market value which in fairness should be

14  borne by the public, full compensation must be paid to the

15  owner pursuant to a jury trial without prior resort to

16  administrative remedies, and which applies to future actions

17  and regulations and to the future application of existing

18  regulations.

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