Chapter 2 – Florida’s Legal Context Legal authority for corridor management in Florida is provided to local governments through two state laws – Chapter 163 (Community Planning Act) and Chapter 337 (Transportation). Corridor management in Florida is defined as the “coordination of the planning of designated future transportation corridors with land use planning within and adjacent to the corridor…” (Chapter 163.3164(30) F.S.) It includes, but is not limited to, right of way preservation and access management. Right-of-way preservation is the coordinated application of measures to obtain control of or protect the right-of-way for a planned transportation facility. Access management is the coordinated planning, regulation, and design of access between roadways and land development. The Florida legislature instituted access management in 1988 in part to “assist in the coordination of land use planning decisions by local governments with investments in the State Highway System…” (Chapter 335.181(b), F.S.) The Early Years In 1988, “Transportation Corridors” legislation authorized FDOT and local governments to designate transportation corridors for protection by recording an official map. Local governments were then required to withhold development permits in the mapped corridors for a five-year period through a centerline setback requirement (Rivkin Associates, 1996). In 1990, the Florida Supreme Court ruled that these right-of-way protection provisions were unconstitutional and a violation of due process, Joint Ventures v. Florida Department of Transportation, 563 So. 2d at 625, 626 (Fla. 1990). One reason was the onerous nature of the five-year blanket moratorium on development within mapped rights-of-way, which could be extended for another five years without a purchase commitment from the State. In addition, the stated purpose of the statute was to freeze or otherwise hold down land values in anticipation of condemnation. FDOT argued that allowing development permits to be issued in mapped rights-of-way would increase the cost of future land acquisition if the state were to initiate condemnation proceedings. Weighing eminent domain law and the potential 10-year reservation period with no purchase commitment, the Court concluded that the statute was “a thinly veiled attempt to acquire land by avoiding the legislatively mandated procedural and substantive protection” and a deliberate attempt to “depress land values in anticipation of eminent domain proceedings.” The decision resulted in a halt to FDOT corridor protection actions, as alternatives were explored. In 1993, the Florida Supreme Court was asked to consider whether a county’s thoroughfare plan map and policies were also unconstitutional in Palm Beach County v. Wright, 612 So. 2s 709 (Fla. 1993). The thoroughfare plan was adopted as part of the local comprehensive plan and plan policies prohibited land use activities in the mapped corridors that would impede development of the future transportation network. The Court upheld the constitutionality of the County thoroughfare plan map, distinguishing it from the state official map in Joint Ventures for several reasons: • Adequate transportation facilities must be provided concurrent with the impacts of development under Florida law (concurrency) and this avoids the need to curtail development, thereby benefiting affected property owners; • The map has a foundation in a state mandated comprehensive plan, which includes objectives for right-of-way preservation, consistent with Rule 9J-5 of the Florida Administrative Code;
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