Property rights and growth
The rights of a business or citizen when they own property: The Property Owner Bill of Rights in the Constitution identifies certain existing rights afforded to property owners although it is not a comprehensive guide. According to Florida Statutes it does afford property owners the following:
- The right to acquire, possess, and protect your property.
- The right to use and enjoy your property.
- The right to exclude others from your property.
- The right to dispose of your property.
- The right to due process.
- The right to just compensation for property taken for a public purpose.
nThe right to relief, or payment of compensation, when a new law, rule, regulation, or ordinance of the state or a political entity unfairly affect your property.
Every county has a comprehensive plan, or a blueprint, that provides guidance for the future growth of a community. Within the comprehensive plan are zoning regulations to uphold the overall plan for the county. Every piece of property that is included in the land development code is zoned for specific purposes – residential with levels of density and commercial development with categories.
When someone buys a piece of property or acres of property, they can develop that property in any way they want as long as it complies with the zoning of the property, and the county ordinances, and passes the permitting process. This is a fundamental right of property owners. Imagine if you bought land for a development, home, restaurant, or small business and the property was properly zoned for such, and your neighbors or the government said, “You can’t build that here because we don’t want it.” That is unlawful.
The situation changes when a developer is asking for a change in the zoning. Then, and only then, can you preclude someone from building it. Requests must be made to the Board of Adjustments which makes decisions on whether or not to grant variances or special exceptions to the current zoning of a property. Their recommendations go to the Board of County Commissioners for the final vote on a zoning change to a property.
This particular step of the process is where your voice can be heard. The board meets on the second Wednesday of each month. The members of the board are appointed by the county commissioners. They serve for three years.
Counties encourage citizens to be part of the changes in comprehensive plans, but most people don’t want to be involved or think they don’t understand it enough to be involved. Think again. Every single person who has stood up and spoken out against growth should have been at the table when the county was reviewing or making changes to the comprehensive plan and the land development code.
Speaking about no future growth is showing you are misinformed and do not respect the basic property rights of others. Speaking about smart growth, showing up to the board of adjustments meetings, and speaking out against zoning changes is being a smart and involved citizen who is protecting a way of life.
Be involved. Volunteer to serve on a board. Research and inform yourself about the things you want to stand for.





![Protesters gather in downtown St. Petersburg’s Williams Park to speak out against a bill that would authorize a toll road to Georgia. At right, Tim Martin, of the Sierra Club Florida, urged the public to call the office of Gov. Ron DeSantis and ask him to veto the measure. [TNS file]](https://crestviewbulletin.com/wp-content/uploads/2022/01/ghows-DA-8ad01afc-caab-2b83-e053-0100007f326e-d1d84e8a-scaled.jpeg)
![Protesters gather in downtown St. Petersburg’s Williams Park to speak out against a bill that would authorize a toll road to Georgia. At right, Tim Martin, of the Sierra Club Florida, urged the public to call the office of Gov. Ron DeSantis and ask him to veto the measure. [TNS file]](https://crestviewbulletin.com/wp-content/uploads/2022/01/ghows-DA-8ad01afc-caa9-2b83-e053-0100007f326e-5f920952-scaled.jpeg)