No taking from enforcement of preservation agreement.(AlphaBeta Inc)(Breakwater Housing Corp)(Landmark Land Co Inc)

Land Use Law Report, December, 2005

A village's action to enforce a forest preservation agreement signed by the current landowner's predecessor in title was not an uncompensated regulatory taking, the Florida District Court of Appeal (4th Dist.) has ruled (Palm Beach Polo, Inc. v. Village of Wellington, No. 4D04-2839, Nov. 23, 2005).

In 1971, most of what is now the village of Wellington was owned by AlphaBeta, Inc. and Breakwater Housing Corp. The two developers signed a planned unit development agreement with Palm Beach County in 1972, covering 7,200 acres. The PUD approval included several conditions, including the developers' agreement to build to an average density of two units per acre, leaving 25 percent of the acreage open space. The developers also agreed to "enhance and preserve" a...

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