Key West, FL asked in Land Use & Zoning, Real Estate Law and Gov & Administrative Law for Florida

Q: Opening pedestrian path to motorized traffic/changing dead end street - Neighborhood Property Value Loss

Our street in a protected historic district currently is a dead end with 10 households on it. At the end of the street is a small footpath that allows pedestrians to walk over to another street, so some of those properties currently have zero motor traffic.

A developer has bought a property that BACKS onto said path and has plenty of parking at its actual address. However they feel an additional parking space in the back, through the path, would increase their property value. Due to their connections to the City, it is likely that the City will change the pedestrian historic path just for them so they can drive through here, making it a through street for small vehicles by removing (theoretically protected) historical structures to widen the path. Given that properties on dead end streets, or, for some, on a pedestrian path with no traffic at all, have a 20% higher value (some studies go even higher), how to sue the City for the loss of property value for 10 households?

1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Jacksonville, FL
  • Licensed in Florida

A: You hire an attorney who does this sort of work, not just real-estate. This is not anywhere close to a DIY project. This is complex litigation with lots of moving parts,.and if you want any chance of succeeding, you will have to hire top talent at a price.

Anthony M. Avery and Charles M. Baron agree with this answer

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.