The real estate development in Florida is an engaging industry, yet it is also an industry that is highly regulated by environmental regulations and pollution control. Whether it is wetlands, beach activity, or coastal zone management, developers confront a complicated regulatory process in most any endeavor prior to breaking ground. And, in the event disagreements arise in respect to property rights or common ownership, mechanisms such as a partition action in Florida, are among the options available to get to resolution as quickly as possible.
Environmental Rules and Real Estate Roadblocks
The environmental regulations in Florida are designed to promote the orderly and efficient use of the abundant natural resources available in the state; specifically, the beaches, wetlands and wildlife, and drinking water. Within the scope of environmental protection the regulatory controls interfere with the time and location of real estate development.
Developers usually need to receive a number of environmental permits from federal and state agencies before embarking on a development. potential licences can be:
- Wetland impact assessment
- SWReport and SWMP
- Protecting the habitat of wildlife
- Coastal construction control line permits
For developers, this may mean a project delay, perhaps costs incurred with conditions the state or federal agency adds, or (if it turns out to be an ecologically sensitive location) the end game for a project.
When Ownership Disputes Complicate Development
Other than environmental regulations, there are plenty of other ways a project can get delayed. Some properties will have more than one owner say, family members who inherited land together and it could be impossible to go forward with development unless all those owners agree. When they don’t, it’s time to pursue things legally and file a partition action, Florida style!
A Florida partition action is a case in which a person sues for the Court to make them whole with their rights to the real property they have a legal or equitable right to own or possess, or that of another(s), by sense of co-ownership commonly for purposes of equal distribution of the property or having the property sold and the net proceeds divided equitably. This can be particularly useful when one person is looking to sell the land to be developed and the others object.
For example, consider three siblings who inherit a parcel of waterfront property. One of them wants to develop it, and one of them wants to sell, and one of them wants to leave it untouched for environmental reasons. In the face of such an impasse, a partition action Florida can bring closure to such disputes by putting the matter before the court that makes a fair and final determination.
Balancing Development and Environmental Responsibility
And today’s developers must bring a balanced approach, respecting property rights and environmental laws. Green building, land use planning and pre development legal counseling should play an increasingly important role in the development process.
Sometimes, the primary concern of landowners is clearing up their title, long before considering any kind of development. That’s where actions such as such as a Quiet title lawsuit or a Florida partition action can come in, to firm up title, so the permitting process goes smoothly.
Conclusion
Environmental policies are not going away and they shouldn’t because these policies are in place to ensure Florida’s future resources and environment. For real estate developers, however, this means more time, more planning, and potentially, the need to go through the courts to get a project underway.
As a developer, investor, or owner partaking in tenancy in common with other investors or owners, it’s essential to understand the actions the Florida partition action court can take to avoid conflict and get projects moving. The Florida partition action, when used appropriately, can promote the use of the land while ensuring environmental protections and fairness amongst investors/owners.
