Legal Opinion

Hillcrest Property, LLP v. Pasco County

District Court, M.D. Florida

Decided April 12, 2013No. Case No. 8:10-cv-819-T-23TBMPublishedCited by 1 opinion

1Opinion of the Court

ORDER

STEVEN D. MERRYDAY, District Judge.

Before 2025 Pasco County must build more and larger roads to accommodate the inevitable increase in automobile traffic. Preferring to avoid the payment of “just compensation” after acquiring the necessary land by eminent domain, Pasco County has hatched a novel and effective but constitutionally problematic idea, a most uncommon regulatory regime that is crowned by Pasco County’s “Right of Way Preservation Ordinance.”

The unremarkable part of the regime designates new “transportation corridors,” which expand certain Pasco County highways. The specific…

2Cases cited37 opinions

  1. County of Sacramento v. LewisSupreme Court of the United States · 1998
  2. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  3. Perry v. SindermannSupreme Court of the United States · 1972
  4. Bounds v. SmithSupreme Court of the United States · 1977
  5. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978

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3Cited by1 opinion

  1. Beylund v. LeviNorth Dakota Supreme Court · 2015

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