Florida
How First English Evangelical Lutheran Church v. County of Los Angeles applies in Florida: state-specific rules, key cases, and bar exam notes for Constitutional Law (Takings).
Florida recognizes the doctrine of taking as grounded in both state and federal law. Generally, Florida courts apply a similar standard to takings claims and emphasize compensation for losses due to regulations that substantially deprive property owners of their use and enjoyment of property.
In Florida, the rule set forth in First English applies such that if a governmental action constitutes a taking, a property owner is entitled to compensation for the period that the taking is in effect.
The court held that a temporary taking during construction constituted a taking under the Florida Constitution, warranting compensation.
The court ruled that the denial of the use of property due to regulatory actions can be a taking requiring compensation.
The court stated that if regulations lead to a significant reduction in property value, it may amount to a taking requiring just compensation.
Florida law generally mirrors the federal takings analysis, focusing on whether a governmental action results in practical terms of taking property without just compensation. However, state courts may be more inclined to find that certain regulatory actions constitute takings given the specific language of the Florida Constitution.
Understanding the principles from First English is crucial for the Florida bar exam, particularly in questions involving takings and property rights issues.