Supreme Court of Florida

Hardee County, Florida, Petitioner v. Finr Ii, Inc., Respondent

May 25, 201742 Fla. L. Weekly Supp. 613

Summary

The court held that the Bert J. Harris, Jr., Private Property Protection Act does not authorize a claim based on governmental regulation of property adjacent to the claimant’s parcel. Because the Act requires the governmental action to directly restrict or limit the use of the claimant’s own property, FINR could not recover for the reduced setback on the neighboring mining property, and the setback itself was not a property right. Justice Lawson, specially concurring, agreed with the result but would have relied solely on the statute’s plain language and rejected the majority’s additional statutory-construction analysis.