- March 20, 2025
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Dear Editor:
A building moratorium in Palm Coast poses a serious threat to the constitutional rights of property owners, investors and businesses. At its core, such a policy undermines the fundamental principles of private property rights, economic freedom and due process — values that form the bedrock of the American legal system.
The Constitutional Concerns:
1. Fifth Amendment —Takings Clause: The Constitution ensures that private property cannot be taken for public use without just compensation. A building moratorium, even if framed as a temporary measure, can function as a regulatory taking, effectively depriving landowners of the ability to develop or profit from their own property. This is not just a legal technicality — it is a direct violation of their rights.
2. Fourteenth Amendment — Due Process & Equal Protection: The government cannot impose arbitrary restrictions on property owners without clear justification. A poorly structured or indefinite moratorium could strip individuals of their property rights without a fair legal process. It may also unfairly target certain developers, businesses or residents, violating the principle of equal protection under the law.
3. Contracts Clause — Article I, Section 10: Many property owners and businesses enter into agreements based on existing zoning and development laws. A sudden moratorium could invalidate or disrupt legally binding contracts, causing severe financial hardship to families and small businesses that depend on construction and real estate investments.
The Human Impact – A Plea for Fairness:
Beyond the legal implications, we must recognize the human cost of such a drastic measure. Many hardworking individuals — small business owners, construction workers, realtors, and families who have invested their savings into land or future homes — would suffer deeply. Imagine a young family that saved for years to build their dream home, only to be told they must wait indefinitely, watching their costs skyrocket while their dreams are put on hold. Think of the local businesses — plumbers, electricians, contractors — who rely on steady development to feed their families, now facing an uncertain future.
A building moratorium is not just a policy decision; it is a direct attack on the livelihoods, dreams and constitutional rights of Palm Coast residents. While responsible growth is essential, any restrictions must be fair, legal and considerate of the people who call this city home. Let’s work together to find solutions that balance progress and property rights without trampling on the freedoms guaranteed by the U.S. Constitution.
Neftali DeJesus
Flagler County
Editor’s note: This letter was also read to the City Council at the March 11 meeting.
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