§ 6½-28. Constructional claim.

(A)

(1) In the event that any person claims that any provision of this comprehensive plan, elements or maps constitutes a taking of the landowner's property without due process of law and the payment of just compensation as provided for in the Florida Constitution and the Constitution of the United States of America, then in that event, the person shall first present the claim to the town.

(2)

The provisions of F.S. § 163.3215 (1987), shall prevail on any claims that may be asserted under those statutes, and this section shall not be construed as an additional remedy presently governed by F.S. § 163.3215 (1987).

(B)

Any person claiming the taking shall:

(1)

Submit the claim in writing identifying the name and address of the property owner;

(2)

The present use of the property;

(3)

The present land use designation and zoning classification;

(4)

The particular provision of the comprehensive plan that the person believes to have constituted a taking;

(5)

The remedy requested;

(6)

Documentation or other evidence demonstrating the economic derivation;

(7)

Case law or authority, if any, which demonstrates the taking; and

(8)

Such other information demonstrating how the plan or element constitutes a taking.

(C)

After the town has received the request, it shall have 90 days to review and act upon the request. Due public notice as required by F.S. Ch. 163 and 166 shall be provided prior to granting any relief under this section. The town reserves its full legislative function to act upon requests under this section, and those actions shall be presumed to be fairly debatable.

(Ord. 148, § 8, passed 3-13-1989)