f you love your property rights like Professor Real Estate® Suzanne Hollander does, you need to know 6 property rights lessons from the U.S. Supreme Court’s ruling in Murr v. Wisconsin last week! What if you, like the Murr family, owned 2 contiguous (side by side) separately identified waterfront lots (properties) and your state told you that you couldn’t sell or develop them separately because they are next to each other and both owned by you? You might feel your property rights trampled, taken by the government because you can’t use your property the way you want and your property value is reduced! Like the Murrs, you may sue your state and demand “Just Compensation” – to be paid for the reduction in value that your state’s law is causing you.
Professor Real Estate®’ loves the U.S. Constitution because its 5th and 14th Amendments protect private property owners’ rights from being “Taken for public use without Just Compensation.” These are called the “Takings” Clauses because they protect private property from being taken by the government. Takings protections apply to “Physical Takings” (where the government occupies your property) and “Regulatory Takings” (where the government enacts a law restricting how you can use or sell your property).
Since 1922, the Supreme Court has said private property may be regulated by the government to a certain extent, without qualifying as a Taking, unless the regulation goes “Too Far.” If the regulation does not qualify as a “Taking” then your property value is reduced but you don’t get “Just Compensation.” The “Too Far” standard is… Too Vague.
The Murrs’ case is a Regulatory Taking, the state’s regulation prohibited them from selling their two parcels separately, but did regulation go “Too Far”? Far enough to be a taking that qualifies for Just Compensation. The Supreme Court said No!
Professor Real Estate®Suzanne Hollander’s 6 Private Property Rights Lessons from Friday’s Supreme Court Decision
- Individual Property Rights are protected in the U.S. but Not Absolute. “Takings Cases” try to balance the individual’s right to retain interest and exercise freedoms at the core of private property ownership and the government’s power to adjust rights for the public good. In this case, Wisconsin, enacted a regulation to merge adjacent parcels owned by the same owner to reduce the development of lots smaller than the minimum lot size that zoning allows, along the River for the “common good.” The regulation was enacted prior to the Murrs’ transfer of title from their different entities into one entity.
- The Court’s Multifactor Test and the “Too Far” Test are TOO VAGUE, Create Uncertainty of Property Rights. The Court’s Multifactor Test and the “Too Far” test depend on facts and circumstances and require property owners to hire lawyers to figure out and argue. The MultiFactor test lists factors for courts to consider when determining if a regulation rises to the level of a Regulatory Taking of property: evaluate treatment of land under state/local law, physical characteristics land, prospective value of the land, whether reasonable expectations about property ownership would lead a landowner to anticipate his or her holdings would be treated as one parcel instead of separate tracts.
- A Regulation May Limit the Way You Use a Property, Without Qualifying as a Taking. The Court found merging the 2 properties into 1 and prohibiting the individual sale of each separately was not a Taking because, the Murrs still retained rights to use entire property and were not deprived of all economical beneficial use, so the regulation did not go “Too Far” and justify Just Compensation. The state’s regulation did not reduce the full bundle of property rights that the owners had when looking at the property as a whole.
- It’s Your Job to Know Laws that Concern or May Concern Your Real Estate. The Supreme Court found it was a reasonable expectation that the Murrs would anticipate that their 2 properties could be treated as 1 parcel because the State’s merger regulation existed before they took title and federal and state law regulated properties along the river. The Murrs really wanted their properties to be remain 2 separate properties based on each property’s lot lines (legal description) because if the properties remained separate, the State’s regulation prohibiting the sale/development of the separate parcels would be a Regulatory Taking that goes “Too Far.”It is an important (costly) lesson that in any city, county, state or country where you plan to transfer property you own or buy property it is important to know the regulatory framework before your transfer property – whether to a family member or in an arm’s length transaction. Here, the parents acquired the 2 lots on different dates and owned them in different entities, they transferred the properties to their children and that’s when the state’s merger laws applied, the Court said, an “Owner must acknowledge legitimate restrictions affecting his or her future use and sale of the property,” and quoting the 1907 case of Ballard v. Hunter, “Of what concerns or may concern their real estate men usually keep informed, and on that probability the law may frame its proceedings.”
- Just because You Own Two Contiguous Lots Does Not Mean that Your Lots will be Merged into One. You need to read the laws and regulations in your particular area to understand if your contiguous lots would be merged into one and under which circumstances, if any.
- If You Own U.S. Property You are Entitled to Due Process if There is a Taking. Although the Supreme Court ruled in favor of the state, the Murrs still had the opportunity to exercise their rights to due process when they felt there was a taking. The 5th and 14th Amendments extend this right of due process to owners of U.S. properties whether they are U.S. nationals or foreigners. This means that neither the state nor federal government may arbitrarily take property.
Suzanne provides Real Estate Consulting, Speaking, Training Locally, Nationally and Internationally
Click here to contact Suzanne for real estate consulting, commentary and speaking.
Suzanne Hollander gets “Linked into” Washington, DC, participating in Greater Miami Chamber of Commerce’s Lobbying Delegation and FIU’s Reception honoring Alex Acosta’s appointment to U.S. Secretary of Labor. Scroll down, learn how we “Linked into” DC and 5 Ways You Can “Link-into” Your Community!
Our Delegation met with Senators Rubio and Nelson, Congresswomen Debbie Wasserman Schultz & Ileana Ros-Lehtinen on Capitol Hill and the Departments of State, Transportation, Commerce, Labor and Homeland Security.
Like every community, Miami has important issues we want to educate our elected officials to help us with! We discussed the issues below, important to everyone who owns/develops real estate, rents, works, or visits our Miami community, a unique urban destination where more and more people come each year:
(1) Transportation Infrastructure Funding;
(2) Education Funding;
(3) Immigration reform/its impact on our community and market;
(4) Creating a Chinese consulate in Miami, and (5) Healthcare
Scroll down, check out the photos & read Suzanne’s 5 Ways to “Link into” your Community!
“Link into” Your Community #1 – Join a Chamber of Commerce. Chambers are made of up members of the local business community and as they say, there is “strength in numbers” to have your voice heard! Suzanne Hollander was part of a delegation from the Greater Miami Chamber of Commerce. Local Chambers of Commerce are all over the United States. Join a Chamber in your city, you will meet interesting people from many industries in your area and together have a loud voice to lobby your elected officials!
“Link into” Your Community #2- Celebrate Success of Home Town Heroes! Alex Acosta, the Dean of FIU’s Law School, and was just appointed U.S. Secretary of Labor! Suzanne teaches real estate at FIU’s Business School and like everyone at FIU and in Miami, Suzanne is proud to celebrate Secretary Acosta’s national accomplishment and the positive light it shines on FIU and our hometown, Miami!
“Link into Your Community” #3 – Volunteer for a Board. Cities and counties all over the country look for residents to participate on local government boards to help make important decisions. Suzanne is Vice Chair of the City of Miami Beach’s Affordable Housing Advisory Board. In addition to having a voice on how the City decides to allocate funding for affordable housing, Suzanne enjoys the network of dedicated professionals on the Board.
“Link into” Your Community #4 – Vote. There are local elections coming up in Miami and all around the country. Make sure to learn about candidates’ positions and use your vote to support the candidate who supports your issues. P.S. Political candidates are people too, you can meet with them and tell them the issues that are important to you.
“Link into” Your Community #5 – Stay in Touch. Stay in touch with the contacts you make! Suzanne Hollander loves to connect her clients, friends, business colleagues and students! Solid connections lead to deals, jobs, and opportunities in your community and around the world!
Copyright © 2017, All rights reserved, Professor Real Estate® Suzanne Hollander
A Big Thank You!
Thank you to the Greater Miami Chamber of Commerce for including me in these national lobbying days.
Suzanne provides Real Estate Consulting, Speaking, Training Locally, Nationally and Internationally
Click here to contact Suzanne for real estate consulting, commentary and speaking.
Suzanne Hollander is appointed to the U.S. State Departments’ Fulbright Specialist Roster as an Expert in Real Estate. Suzanne is a real estate attorney, broker, educator and commentator. Suzanne provides real estate education to the nation to help everyone make smarter real estate decisions. She teaches at FIU in Miami, taught at NYU’s Schack Institute of Real Estate in New York and speaks internationally about real estate, investment, and property rights.
Suzanne Hollander is a voice for real estate, housing, and property rights, frequently quoted in the media, including Wall St. Journal Money Watch, YahooFinance!, Miami Herald, El Nuevo Herald, Wallethub, The Real Deal, Mercado De Dinero USA & Scotsman Guide Commercial Real Estate edition.
]]>The U.S. State Department website reports Fulbright alumni have achieved outstanding achievement in their fields, 57 Fulbright alumni have been awarded the Nobel Prize, 29 are MacArthur Foundation Fellows, 82 received Pulitzer Prizes, and, 37 have served as heads of state.
Click here to contact Suzanne for real estate consulting, commentary and speaking. Scroll down to learn more about Suzanne Hollander, a real estate attorney and broker, who empowers thousands of followers to make smarter real estate decisions.
Suzanne teaches real estate law and property rights at Florida International University’s (“FIU”) Hollo School of Real Estate. FIU is one of the 10 largest public universities in the United States and ranked #1 in real estate research in the U.S. Suzanne also taught at New York University (“NYU”) Schack Institute of Real Estate.
Suzanne authors the blog Professor Real Estate® and develops, leads and moderates real estate panels, events and seminars.
Suzanne, recognized as a voice for real estate, property rights and financial empowerment, is frequently quoted in national and international media, including The Wall St. Journal Money Watch, YahooFinance!, Miami Herald, El Nuevo Herald, BizNews, The Palm Beach Post, Wallethub, The Real Deal, Mercado De Dinero USA, GlobeStreet and Scotsman Guide Commercial Real Estate.
Watch Professor Real Estate®TV for a sneak peek of real estate lessons!
Disclaimer: Professor Real Estate® written materials apply generally to real estate subjects and are not intended to apply to specific legal issues. Copyright 2010- 2017. Professor Real Estate® Suzanne Hollander
]]>For Valentine’s Day, Professor Real Estate® Suzanne Hollander, sends 4 Property-Love-Lessons to U, from Medellin, Colombia, winner of the Most Innovative City of the World Award jointly given by The Wall Street Journal and Urban Land Institute!
Click here to contact Professor Real Estate® to help you apply these lessons to create value in a property and city that you love!
Property-Love-Lesson #1 – Innovative Transportation Builds Property Values and Business! In the photo, Professor Real Estate® Suzanne Hollander is in front of a graffiti-art-heart at the top of a steep hill in Comuna 13, previously one of the most dangerous neighborhoods. Suzanne reached this summit riding a 6 minute, 384 meter escalator. The bright orange escalator, like the kind you see in a department store, was built into the hillside in 2011 and has 6 segments…its like going to the 6th floor of Macys! The unique, stylish, functional escalator opened access to this previously isolated hillside neighborhood, brings business to the area and is a piece of art itself. When you look at the photo of the escalator, below, think about how you can come up with innovative solution to to bring business to your city or neighborhood!
Property-Love- Lesson #2 Art Builds Property Values and Business! Professor Real Estate® Suzanne Hollander loves how art builds real estate values and she sees connections of art and design to real estate all over the world, especially in Miami where she lives. In Medellin, Comuna 13, graffiti artists activated each of the escalator’s 6 levels with huge murals. Today, tour group’s visit and artists sell their work from this area. When you think about how to bring excitement, pedestrian activity and value to your neighborhood, consider the positive impact art brings!
Property-Love-Lesson #3 Public Parks Activate Real Cities! Professor Real Estate® Suzanne Hollander loves the Botero Plaza, a public park with 23 Botero sculptures to view, touch, climb and enjoy! This art filled public park creates a unique identity for Medellin as a City and activates the downtown area with pedestrians and business. When you think about how to activate a business area or invigorate a new real estate project, think about how a public park could help you City or project!
Property-Love-Lesson#4 – Travel Opens Your Mind to Innovative Ways to Create Value! Looks like the guy at the bottom of this sculpture has a lot on his mind! LOL! Professor Real Estate® Suzanne Hollander loves real estate travel and brings back lessons about design, use of public space, transportation, city building, property rights, valid title an access to credit mortgages. Suzanne shares these lessons with you her followers and in her classroom! Click here to watch Professor Real Estate® travel lessons from Cuba, Argentina, Peru, Panama and Washington, D.C.
Suzanne Hollander Professor Real Estate® provides real estate education to nations and helps people make smarter real estate decisions. Suzanne is a real estate broker, attorney, educator, speaker, commentator and voice for real estate, housing and property rights, frequently quoted in the media, including Wall St. Journal Money Watch, YahooFinance!, Miami Herald, El Nuevo Herald, The Palm Beach Post, Wallethub, The Real Deal, Mercado De Dinero USA, GlobeStreet, Scotsman Guide Commercial Real Estate edition, BizNews and The Capital Gazette Newspaper.
Watch Professor Real Estate®TV for a sneak peek of some real estate lessons!
Disclaimer: Professor Real Estate® written materials apply generally to real estate subjects and are not intended to apply to specific legal issues. Copyright 2010- 2017. Professor Real Estate® Suzanne Hollander
Suzanne shares this honor with you, her real estate students, alumni, clients, blog followers and mentors (including guest lecturers)! All of you have a special connection to Suzanne! In addition to property rights, Suzanne’s favorite thing is to hear about your success! Contact Suzanne to share a story about your deal, purchase, sale, job and other success and of course, click here to contact Suzanne for Real Estate Questions and Speaking.
Suzanne Hollander, comentarista, agente inmobiliaria, profesora, y abogada, fue honrada con el Premio Mejor Curso de Inmobilarios. A Suzanne le encanta este premio porque le encanta enseñar a la gente a tomar decisiones inmobilarias más inteligententes todos los días!
Suzanne comparte este honor con ustedes, sus alumnos, ex alumnos, clientes, y seguidores del blog y con sus mentores (incluyendo presentadores invitados)! Todos ustedes tienen una conexión muy especial con Suzanne! Ademas de derechos de propiedad, una de las cosas favoritas de Suzanne es conocer del éxito de todos ustedes! Por favor, envienle un correo electrónico y compartan con Suzanne sus recientes experiencias inmobiliarias-- sus transacciones, compras, ventas y otros exitos inmobilarios!
Suzanne Hollander Professor Real Estate® provides real estate education to the nation. Suzanne is a real estate broker, attorney, educator, speaker, commentator and voice for real estate, housing and property rights, frequently quoted in the media, including Wall St. Journal Money Watch, YahooFinance!, Miami Herald, El Nuevo Herald, The Palm Beach Post, Wallethub, The Real Deal, Mercado De Dinero USA, GlobeStreet, Scotsman Guide Commercial Real Estate edition, BizNews and The Capital Gazette Newspaper.
Watch Professor Real Estate®TV for a sneak peek of some real estate lessons!
Disclaimer: Professor Real Estate® written materials apply generally to real estate subjects and are not intended to apply to specific legal issues. Copyright 2010- 2017. Professor Real Estate® Suzanne Hollander
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Suzanne Hollander is a real estate broker, attorney, educator, speaker, commentator and voice for real estate, housing and property rights, frequently quoted in the media, including Wall St. Journal Money Watch, YahooFinance!, Miami Herald, El Nuevo Herald, The Palm Beach Post, Wallethub, The Real Deal, Mercado De Dinero USA, GlobeStreet, Scotsman Guide Commercial Real Estate edition, BizNews and The Capital Gazette Newspaper.
Disclaimer: Professor Real Estate® written materials apply generally to real estate subjects and are not intended to apply to specific legal issues. Copyright 2016. Professor Real Estate® Suzanne Hollander
Only 2 more days to pay your Florida real estate property taxes in full and save 4% off your entire tax bill!
Miami Dade Property Appraiser the Honorable Pedro Garcia, Lazaro Solis Deputy Property Appraiser and Suzanne Hollander, photographed here, discuss facts to know about property taxes in Florida and Miami Dade County!
Facts to Know about Property Taxes:
- Pay your Florida tax bill in November, get 4% off ! (You will get 3% off if you pay in December)
- The Miami Dade Property Appraiser’s Office, of nearly 400 employees, determines the value of your property but does not determine the tax rate (in property tax lingo “the millage rate”).
- Your elected officials, within each taxing authority, determine the tax rate, so if you think the tax rate is too high (or too low), contact them!
- In Florida property taxes are paid in arrears. This means you get to live on or use your property for almost 11 months before you are sent a bill.
- You pay your tax bill to the Tax Collector – a different person and an entirely different office than the Property Appraiser
- Miami Dade County has nearly One Million Real Properties - the most of any county in Florida
- The Miami Dade Property Appraiser’s Property Search website is a Winner! The Property Search site has over 250,000 visits per day and won the 2015 Center for Digital Government National Award! Check it out!
Learn more about property taxes – visit the Miami Dade Property Appraiser website and read National Wallet Hub’s interview of Suzanne Hollander on property taxes in ”Ask the Experts: Turn Taxes into Investment”.
Professor Real Estate® Suzanne Hollander is a real estate broker, attorney, educator, speaker, commentator and voice for real estate, housing and property rights, frequently quoted in the media, including Wall St. Journal Money Watch, YahooFinance!, Miami Herald, El Nuevo Herald, The Palm Beach Post, Wallethub, The Real Deal, Mercado De Dinero USA, Scotsman Guide Commercial Real Estate edition and The Capital Gazette Newspaper.
Disclaimer: Professor Real Estate® written materials apply generally to real estate subjects and are not intended to apply to specific legal issues. Copyright 2016. Professor Real Estate® Suzanne Hollander
In BizNews! Suzanne Hollander, real estate commentator, lawyer & broker led the Downtown Miami River Real Estate Development Boat Tour! Read below re Miami’s billion dollar real estate boom! BIG THANK YOUs, Muchas Gracias to the Power Team of Speakers from Swire Properties, City of Miami Planning Department, Miami Downtown Development Authority, Miami River Commission and the 150 owners, bankers, students & alumni who participated making our Miami Real Estate Day even Sunnier 
Click here to Contact Suzanne for Real Estate. Read below to see our speakers & fun photos from the boat!
Suzanne Hollander is a real estate broker, attorney, educator, speaker, commentator and voice for real estate, housing and property rights, frequently quoted in the media, including Wall St. Journal Money Watch, YahooFinance!, Miami Herald, El Nuevo Herald, The Palm Beach Post, Wallethub, The Real Deal, Mercado De Dinero USA, GlobeStreet, Scotsman Guide Commercial Real Estate edition, BizNews and The Capital Gazette Newspaper.
Disclaimer: Professor Real Estate® written materials apply generally to real estate subjects and are not intended to apply to specific legal issues. Copyright 2016. Professor Real Estate® Suzanne Hollander
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Suzanne Hollander is a real estate broker, attorney, educator, speaker, commentator and voice for real estate, housing and property rights, frequently quoted in the media, including Wall St. Journal Money Watch, YahooFinance!, Miami Herald, El Nuevo Herald, The Palm Beach Post, Wallethub, The Real Deal, Mercado De Dinero USA, GlobeStreet, Scotsman Guide Commercial Real Estate edition, BizNews and The Capital Gazette Newspaper.
Disclaimer: Professor Real Estate® written materials apply generally to real estate subjects and are not intended to apply to specific legal issues. Copyright 2016. Professor Real Estate® Suzanne Hollander
GlobeSt.com: Commercial Real Estate News, features Suzanne Hollander below! Scroll down to read the article! Click here to Contact Suzanne for Real Estate.
Suzanne Hollander is a real estate broker, attorney, educator, speaker, commentator and voice for real estate, housing and property rights, frequently quoted in the media, including Wall St. Journal Money Watch, YahooFinance!, Miami Herald, El Nuevo Herald, The Palm Beach Post, Wallethub, The Real Deal, Mercado De Dinero USA, GlobeStreet, Scotsman Guide Commercial Real Estate edition and The Capital Gazette Newspaper.
Disclaimer: Professor Real Estate® written materials apply generally to real estate subjects and are not intended to apply to specific legal issues. Copyright 2016. Professor Real Estate® Suzanne Hollander