Q: Is it legal for government to block off parts of the Florida Keys where homeowners cannot get back to assess damages?
Is there a property rights law in Florida that gives information about what the government can and cannot do regarding property rights? Myself and many others own homes and businesses in PARTS of the Florida Keys where it is blocked off, not letting us assess our damages from Hurricane Irma. I know they don't have water and power there, but our damaged homes are getting more damaged by not letting us go there. We can't prevent further damages and/or looting (which is happening). Other people have boats, that withstood the hurricane. They are floating now; but once their batteries die the boats may sink because they can't pump out water, causing damage from neglect versus the hurricane. I feel it is unfair that I am paying a mortgage and taxes on a home that I cannot even go to. There is only one road in and out of the Keys and they are blocking it off. I understand they want to make it safe for the citizens' return, but this is getting ridiculous after being a refugee for over a week.
A:
The news is reporting that residents are now being allowed in. However the government does have the right to protect its citizens from harm, and that includes preventing the good and the bad from getting into restricted areas. This is similar to a curfew which aims to protect property as well as the citizenry.
So citizens must understand that the police state is designed to protect and serve the society which created it and sometimes that protection causes inconvenience and disruption, but overall it serves the greater good of the society it serves.
Seth Daniel Lubin agrees with this answer
A: In short yes, the government possesses police power to protect the health and safety of its citizens from harm. You would have to pay a mortgage and property taxes regardless, and it has only been just under 7 days total now; not 7 months.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
