Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

Pasco officials appeal ruling on land acquisition ordinance

NEW PORT RICHEY — Pasco County officials have appealed a federal judge's ruling that struck down an ordinance allowing officials to make developers hand over property for future roads in exchange for a permit.

The notice was filed in response to U.S. District Judge Steven D. Merryday's recent ruling that he finds the ordinance "both coercive and confiscatory … and constitutionally offensive in both content and operation." Merryday went on to issue a permanent injunction forbidding the county from enforcing that provision of the ordinance. The county is seeking a stay so that it can appeal to the 11th Circuit Court of Appeals.

The 2005 county ordinance drew a court challenge from Hillcrest Properties, which argued it unfairly forces owners to surrender land if they want to develop their property.

The ordinance says property owners must dedicate part of their land to the county if part of it falls on a map of future road expansions. Owners who think that's unfair can argue their project won't generate enough traffic to justify the dedication or apply for a variance. The county's goal was to plan for road expansions and save taxpayers millions of dollars by acquiring right of way before costs balloon.

Assistant County Attorney David Goldstein said requiring right of way as a condition of approval has been upheld by the U.S. Supreme Court and is common practice in Florida.

Pasco officials appeal ruling on land acquisition ordinance 05/22/13 [Last modified: Wednesday, May 22, 2013 9:50pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times

    

Join the discussion: Click to view comments, add yours

Loading...
  1. Data breach exposes 469 Social Security numbers

    Corporate

    Social Security numbers for up to 469 people were exposed in a data breach at Florida the Department of Agriculture and Consumer Services. The breach, which the agency believes happened about two weeks ago, occurred in an online payments system, spokesperson Jenn Meale said Monday.

    Commissioner of Agriculture Adam Putnam on Monday that nearly 500 people may have had their Social Security numbers obtained in a data breach in his office.
[Times file photo]

  2. Trigaux: Can Duke Energy Florida's new chief grow a business when customers use less power?

    Energy

    Let's hope Harry Sideris has a bit of Harry Houdini in him.

    Duke Energy Florida president Harry Sideris laid out his prioriities for the power company ranging from improved customer service to the use of more large-scale solar farms to provide electricity. And he acknowledged a critical challenge: People are using less electricity these days. [SCOTT KEELER   |   Times]
  3. Editorial: Preserve wild Florida before it's too late

    Editorials

    The last dairy farm in Hillsborough County has milked its final cow, the pastures sold to developers who will build 1,000 new homes. The remnants of the last commercial citrus grove in Pinellas County, where the Sunshine State's famed industry began in the 19th century, were sold last year to make room for 136 homes. …

    As dairy farms and citrus groves disappear, much more needs to be done to avoid paving over Florida’s wild spaces.
  4. Florida concealed weapons permit holders exposed in computer hack

    Blogs

    More than 16,000 concealed weapons permit holders in Florida may have had their names accidently made public because of a data breach at the The Florida Department of Agriculture and Consumer Services.

  5. Editorial: Careless words unfit for a mayor

    Editorials

    Even his critics marvel at how well Bob Buckhorn has grown into the job since first being elected as Tampa's mayor in 2011. His grace in public and his knack for saying and doing the right things has reflected well on the city and bestowed civic pride in the mayor's office. That's why Buckhorn's cheap shot at the media …

    Tampa Mayor Bob Buckhorn fires a .50 caliber machine gun from a rigid hull inflatable boat during a Special Operations Capabilities Demonstration at the Tampa Convention Center last year. [JAMES BORCHUCK   |   Times]