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?
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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 12 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.
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