If an investor buys a partially completed property with an expired permit and the city refuses a new permit since the building standards have changed, is that a taking?

Get Legal Help Today

 Secured with SHA-256 Encryption

If an investor buys a partially completed property with an expired permit and the city refuses a new permit since the building standards have changed, is that a taking?

Work was stopped 4 years ago; half finished shell. The original permit expired about 4 months ago.

Asked on April 9, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, there is no taking by a governmental entity with respect to your question where a partially completed building has been purchased with an expired permit and the city's building department refuses a new permit due to changes in building standards.

I suggest that you go down to the city's building department and see what concessions if any can be made for you to get the structure completed in an orderly manner with as little additional costs for you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption