I thought you might like to see this. I found it while browsing the civil practice and procedure of Florida Statutes. Read 86.091 at this link (see text below)
While the AG / State Attorney need not render an opinion, it might constitute political suicide to fail to do so.
Maybe the complaint could state that the law violates the Constitution and state that failure of the AG to deny it estops a later dissent.
I have not looked for any case law on it. I think UPL as a penalty deserves such a challenge.
Regarding Adverse Possession
I believe this provides a method of demanding that the court declare Adverse Possession (AP) does not constitute a crime and that the sheriff has no authority to accuse an APer of some crime like grand theft, scheme to defraud, burglary, criminal mischief, breaking and entering, or larceny when the APer merely follows the AP statute.
I would add the following to my request for Declaratory Judgment:
- The APer must not destroy or dismantle or alter any structures on, dig and leave uncovered holes in the ground of, remove, sell, or otherwise dispose of any appliances or equipment on, components of, vegetation on, chattels on, or minerals or elements in, the realty UNLESS they constitute what a reasonable person would consider a hazard to inhabitation or "working" the land, or refuse/junk/trash/garbage, or necessary to the maintenance of the realty and compliance with laws, rules, codes, or covenants. Any such act would probably constitute a crime.
- The APer has the right to interpret abandonment of the realty as the abandonment of all chattels in or on the realty or its appurtenances, and that the APer may dispose of, claim as the AP's own, or use said chattels without penalty, the same as if the APer had found the chattels in a dumpster dive.
- The APer has the right to host guests to, or lease, rent, or sublet the realty or portions of it to other parties of the APer's choosing, but that the APer has the legal duty to safeguard and protect the property from such parties if they become malfeasors, and to eject such parties summarily for malfeasance in connection with the visit to or occupancy of the realty, and that a monthly inspection, inventory, and comparison of prior condition of the realty and its buildings and appurtenances shall suffice as "due diligence," provided the APer summarily ejects parties causing damage or peace disturbance problems at or on the realty, and bars/bans their return.
- The APer has the duty not only to treat the realty as the APer's own, but also to give it the extra care and protection that a good steward would. I say this because some people behave irresponsibly with their own property, and they will probably do the same as APers or occupants of an AP realty. The APer has the duty of stewardship to bar admittance of such irresponsible from the realty, and to remove them if they somehow gain access. Thus, I see the APer as having responsibilities and duties to the realty, the owner of record, the community, and the occupants, even more than the owner would have.
If a judge made such declarations of right, status, and duty as above, that would provide a common law solution to the negligence of the Legislature in treating this issue responsibly
|Bob Hurt My Blog |
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