>From: Coalition for Property Rights <[EMAIL PROTECTED]> >To: [EMAIL PROTECTED] >Subject: Cornerstone of Liberty >Date: Fri, 14 Jul 2006 11:51:31 -0400 (EDT) > > > > > > > > >Coalition for Property Rights > > > > > > > > > > > > > > > > > > Cornerstone of Liberty > >July 14, 2006 > > >Two cornerstones of liberty are the protection of private property rights >and rule of law. The form of government established in our Constitution >fosters a system wherein property rights and legal contracts are sacred. >That's changing. It now appears local governments not only believe they can >take your home or business, but that legal contracts should be pitched as >well. >This week, CPR witnessed a troubling occurrence. In this case, Orange >County approved a PD (planned development) in June 2005 with a landowner >which outlined specific terms agreed upon after months of negotiation. The >next step in the process is the preliminary site plan (PSP) approval. The >PSP has more detail than the PD, but doesn't deviate from the PD terms. >To ensure this deviation does not occur, Orange County adds standard >language into all PD approvals to make sure the terms are set. The >language reads thusly: >2) The uses, densities, and intensities, and all of the conditions of >approval of the PD/LUP have been negotiated and agreed to by both the >applicant and the County. The PD/LUP constitutes an agreement between the >parties. The applicant and the applicant's successors in interest have the >contract right to develop the PD with the uses, densities, and intensities >approved by the County, subject to the restrictions and requirements in the >conditions of approval, and neither the applicant nor the County shall have >the right to rezone or downzone the property, or otherwise alter the uses, >densities, and intensities, or delete, waive, or amend any condition of >approval except through an amendment to the PD/LUP that is negotiated by >both parties. >This clause states this agreement is a contract providing protections to >both County and property owner. However, in bowing to pressure from one >NIMBY neighbor, Commissioner Mildred Fernandez sought to change the prior >PD agreement by restricting homes to one story, although the PD terms >specifically allowed up to two stories. Fernandez seemed unconcerned this >was a breach of contract. >When it became obvious the owner would not prevail without litigation, he >acquiesced, agreeing to limit four lots to one story. These lots happen to >be adjacent to the NIMBY's house. (Ironically, the NIMBY neighbor >didn't give up his own right to build a second story addition.) >If this seems to be business as usual, please re-review the clause above >which specifically requires mutual agreement for any change to a PD >agreement. This landowner was forced to accept this change in terms or risk >denial of the entire PSP and pursue litigation. There is little doubt the >owner would prevail, but the cost and time would ensure the project would >be a loser. >Considering the thousands of legal agreements governments enter into, it is >troubling electeds seem to have no qualms breaching contractual >agreements. >Even more troubling is when municipal lawyers publicly support this >welching, when they should be advocates for upholding legal contracts. It >appears some have forgotten taxpayers pay their salaries, not >Commissioners. Their role is to provide the Commission with solid legal >advice including reminding them of the importance of contracts. >The rule of law cannot survive if government entities don't comply with >their own rules. >CPR Hero of the Week > >This week, we learned one of CPR's very own - Michael Waldrop of McCree, >Inc. - a reserve officer deployed to Afghanistan - recently sustained >serious injuries while leading platoon in battle. We wanted to alert our >members of his heroism and ask our CPR members to keep Michael and his >family in your thoughts and prayers. His story was featured on NPR >(http://www.npr.org/templates/story/story.php?storyId=5549686). To send >him an email note of encouragement and support:[EMAIL PROTECTED] >Property Rights at the Beach > >July 26-29, the Cato University will be holding it annual education >conference in St. Petersburg Beach, Florida and this year's focus >is property rights. The event titled, "Cornerstone of Liberty: Property >Rights in the 21st Century" will be held at the Don Cesar Beach Resort. The >Cato Institute is one of the nation's leading foundations working >to advance the cause of property rights and economic liberty. The event >will feature nationally-recognized scholars and authors who will provide >presentations on the historical and intellectual foundations of property >rights and look at what the future holds for property rights in America. >This event is an incredible opportunity for Florida property owners and >elected officials who desire to gain a deeper understanding of the >importance of the protecting Constitutional property rights. For more >information and to register, please visit http://www.cato-university.org/. >If you are a CPR member, please be sure to mention this to receive a >special discount on your registration fee. >Reader responses welcomed! [EMAIL PROTECTED] > >Carol Saviak >Executive Director >Coalition for Property Rights >2878 S. Osceola Avenue >Orlando, FL 32806 >407-481-2289 Telephone >407-481-0834 Fax >[EMAIL PROTECTED] >www.proprights.com > > > > > > > > >Corporate Sponsors: > > > >A. Duda & Sons, Inc. 407-365-2111 www.duda.com > > > >Acquisition Consultants, Inc. 407-322-0038 >[EMAIL PROTECTED] > > > >Akerman Senterfitt Attorneys at Law 407-423-4000 www.akerman.com > > > >Axel Real Estate Inc. 407-366-6510 [EMAIL PROTECTED] > > > >Bob Harrell Properties 407- 859-2601 > > > >Brigham Moore LLP Eminent Domain & Property Rights Lawyers > > 1-800-380-3338 www.eminentdomain.com > > > >Brossier Company 407.644.5574 [EMAIL PROTECTED] > > > >Burkett Engineering, Inc. 407-246-1260 > > www.burkettengineering.com, [EMAIL PROTECTED] > > > >Buttrey Development 407-296-0016 > > > >Carrigan Realty, Inc. 407-568-2145; [EMAIL PROTECTED] > > > >Central Florida Real Estate Ventures, Inc. > > > >Charles Owen, Kissimmee > > > >Charles Tiedtke Land Trust > > > >Citizens Bank of Oviedo 407-365-6611 www.cboviedo.com >[EMAIL PROTECTED] > > > >Clayton Investments, Ltd. 407-644-6200 > > > >Clear Channel Outdoor, Inc. 407-298-6410 www.clearchanneloutdoor.com > > > >Clifton, Ezell & Clifton Golf Design Group 386-734-2321 > > www.cecgolfdesign.com, [EMAIL PROTECTED] > > > >Crescent Resources, LLC 407-804-1200 www.crescent-resources.com > > > >Crittenden Fruit Company, Inc. 407-877-2455 [EMAIL PROTECTED] > > > >Crosland, Inc. 407-856-4899 www.crosland.com > > > >Doudney Investment Co. 407-481-2283 > > > >DRMP: Engineers Surveyors Planners Scientists 407-896-0594; www.drmp.com > > > >EuroCapital Partners 407-645-5244 [EMAIL PROTECTED] > > > >Famlee Investment Company 407-857-2835 > > > >First Commercial Bank of Florida 407-835-1835 www.fcbflorida.com, >[EMAIL PROTECTED] > > > >First Realty Advisors, Inc. 407-423-7700 > > > >Fixel, Maguire & Willis, Eminent Domain & Condemnation > > Orlando 407-228-9522, Tallahassee 850-681-1800 > > www.fla-eminentdomain.com, [EMAIL PROTECTED] > > > >Fry Hammond Barr 407-849-0100 www.fhbnet.com > > > >Gaylord Merlin Ludovici Diaz & Bain, P.A. > > Eminent Domain Inverse Condemnation & Property Rights > > 813-221-9000 www.gaylordmerlin.com > > > >Goetz Homes LLC 407-482-0333 [EMAIL PROTECTED] > > > >GrayRobinson, P.A. - Land Use, Eminent Domain, Property Rights lawyers. > > www.gray-robinson.com, [EMAIL PROTECTED], > > [EMAIL PROTECTED], [EMAIL PROTECTED] > > > >Haddock Professional Association > > > >Hewitt Properties, Inc. 407-318-7370 > > > >Hickory Hammock Groves [EMAIL PROTECTED] > > > >Kantner Foundation > > > >Keating & Schlitt, P.A. 407.425.2907 [EMAIL PROTECTED] > > > >Keewin Real Property Company 407-645-4400 [EMAIL PROTECTED] > > > >Land Plus, Inc. 407-876-8848 > > > >LeeVista 407-857-2835 > > > >Lifeway Homes, LLC 407-2212-8613 www.lifewayhomes.us > > > >Lunsford Brothers Ranch > > > >M & H Citrus, Inc. 407-359-9862 > > > >Maury L. Carter & Assoc., Inc. 407-422-3144; www.maurycarter.com > > > >McCall Properties, Inc. 407-423-0416 > > > >McCree, Inc. Architects, Engineers & General Contractors 407-898-4821 >www.mccree.com > > > >MerryGro Farms 888-301-ROSE 352-589-0868 www.merrygro.com > > > >ML Carter Development Corp. 407-581-6202 > > > >Morgan Stanley 407-849-4700 www.morganstanley.com, >[EMAIL PROTECTED] > > > >MSD Investments, Inc. of New Smyrna Beach > > > >Nelson & Company, Inc. 407-365-6631; [EMAIL PROTECTED] or >[EMAIL PROTECTED] > > > >Outlook Media 407-363-1212 [EMAIL PROTECTED] > > > >Phoenix Real Estate Co. 407-628-4005 [EMAIL PROTECTED] > > > >Pinel & Carpenter Appraisers, Inc. 407-648-2199 www.pinelcarpenter.com, >[EMAIL PROTECTED] > > > >Red Fox Trucking 407-365-5909 > > > >S.E. Correct Craft, Inc. 407-851-5226 [EMAIL PROTECTED] > > > >Schafer, Mitchell & Sheridan, P.A. Certified Accountants 407-839-3330 >[EMAIL PROTECTED] > > > >Schrimsher Properties of Central Florida, Inc. 407-423-7600 > > > >Shuffield Lowman Wilson, P.A. Attorneys At Law 407-581-9800 > > > >SMD Development, Inc. 407-645-8541 > > > >Standard Pacific Homes 407-647-3811 [EMAIL PROTECTED], www.stanpac.com > > > >Stellworth Properties LLC 407-331-0015 [EMAIL PROTECTED], >[EMAIL PROTECTED] > > > >The Ginn Company 407-999-9022 www.theginnco.com > > > >* Along with many other property-minded individuals and businesses. > > Join today and help support CPRs efforts to defend the >American Dream! > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > If you would like to opt out of further e-mail > communications, click >here. > > > > ------------------------ Yahoo! Groups Sponsor --------------------~--> Something is new at Yahoo! Groups. 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