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Regulatory
Taking of Private Land Without Compensation by the State of
Florida, USA June
13, 2005 By
Gertrude Dickinson Central
Florida
614 words. Can
the State of Florida take private land from one landowner and give it
to another as “prescriptive easement acquisition” property for
private -- not public -- use? This is happening with increased
frequency -- government agencies that appear to be responsible for
this regulatory taking without compensation are those that have
acquired the power to 'protect the environment.' Their rules and
regulations seem to have built-in loopholes to accomplish this
unconstitutional regulatory taking.
These
takings would not likely occur without the direct assistance of
elected officials and appointed bureaucrats working in collusion.
Their possible involvement in regulatory taking without compensation
is evinced by the fact that, in most cases, the victim often finds
substantial lack of documentation. In addition, the documentation that
is available sometimes has the appearance of having been 'rearranged'
to validate and justify the regulatory taking. A government agency
found lacking a significant paper trail for each situation or
transaction might require serious investigation. Jim Beers, the U.S.
Fish & Wildlife Service whistle blower, is proof that such
situations exist. Aerial
photos of Florida land that are taken periodically reveal the
locations of wetlands that have been altered, reconfigured or filled.
The high water table in many land areas suggests that any alteration
or reconfiguration in the ground level -- such as adding fill material
-- could significantly negatively impact adjacent properties and cause
flooding. It appears that in many cases, these aerial photos are used
to justify regulatory taking actions rather than to identify and
restore areas where violations have actually taken place. There
exists evidence that -- when the affected landowner tries to recover
the land -- he or she is thrown into the tightfisted, expensive,
severe regulatory permitting system, in order to prevent any means of
recovery, while the chosen recipient of the land may be allowed to
circumvent the permitting system altogether or allowed departure from
normal rules/procedures. In
addition, there is also evidence suggesting that private landowners
who have had their land taken by these government agencies are
possibly forced into accepting one of two options by which they can
minimize the flooding. If
the affected landowners -- soon be described incorrectly as
"willing sellers" -- agree to either of these prescribed
solutions, the taken land is then legally assigned as “prescription
easement acquisition” to the other landowner. The sale of the
property must include the statement that the other landowner owns the
use of the land taken by “prescriptive easement acquisition” --
and thereby the land itself -- if this use continues unchallenged for
a designated period of time. The buyer must pay for that segment of
taken property and pay taxes on it in the same manner as the selling
landowner is forced to pay. In
an area of increasing development, the landowner who is the recipient
of the taken land has dry land that is considered more desirable and
may realize a substantial increase in land value. The storm
water forced into the taken land floods the property of the landowner
whose land has been taken and the property loses considerably in
desirability, which results in substantial loss in land value. Legislative
action may be required to address this possible “Regulatory Taking
of Private Land.” It appears that land is being taken from one
private citizen -- without justification, permission or compensation
by the State of Florida -- and given to another chosen private
citizen: as what amounts to a 'gift' of free land. |