The Property Rights Element ensures that private property rights are considered in local decision-making, in accordance with Section 163.3177(6)(i), Florida Statutes, which requires that governmental entities respect judicially acknowledged and constitutionally protected private property rights. All references to any ordinances, statutes or regulations contained herein shall, unless otherwise noted, be deemed to be those in effect as of the
All references to any ordinances, statutes or regulations contained herein shall, unless otherwise noted, be deemed to be those in effect as of the date of adoption of this element and thereafter as amended, renumbered or otherwise revised.
Objective 1.1: Consideration of Property Rights
To ensure that private property rights are considered in local decision-making.
Policy 1.1.1: Recognition of Property Rights
The following rights shall be considered in local decision-making:
- The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.
- The right of a 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.
- The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.
- The right of a property owner to dispose of his or her property through sale or gift.
Objective 1.2: Protection of Private Property Rights
To recognize and respect private property rights, including the right to farm, and to respect such rights and the impact upon them when preparing recommendations for land use decisions.
Policy 1.2.1: Vested Rights Protection
The County recognizes and respects private property rights, including the right to farm, as well as other existing entitlements, and shall continue to provide methods for the assertion of vested rights and other administrative remedies through the Charlotte County Code of Laws and Ordinances.
Policy 1.2.2: Notice of Property Owners and Neighboring Lands
The County shall provide appropriate notice to the property owner(s), the general public and owners of neighboring lands of all applications for amendments to the Comprehensive Plan, Zoning Atlas, and Land Development Regulations.
Policy 1.2.3: Agricultural Primacy
The County shall consider bona fide agricultural operations that have been in existence for at least one year, regardless of crop or agricultural use rotation, and that have been developed on lands designated for agricultural use on the FLUM as having "primacy" over other land uses that may be developed in time. Primacy means that, when conflict arises between agricultural uses and non-agricultural uses, these conflicts will be resolved in favor of the agricultural interests, provided the agricultural interests were established prior to the non-agricultural uses.
Policy 1.2.4: Alternative Development Options
If a property owner chooses to take advantage of the development alternatives within this Plan, then to the extent that there are master planning, design, infrastructure, open space or other obligations that are required in order to gain development approval, these obligations shall be enforced. The recommended development patterns and options including Conservation Subdivisions, Rural Communities, and the Rural Settlement Overlay District are implementation techniques available to landowners within the Rural Service Area of the County and are not required forms of development. Landowners will have the option to participate in these programs if they desire to increase the densities and intensities allowed on their lands.