that this was the State Supreme Court. They have jurisdiction and this is one of the 83,000 layers of government in this country. We make our own laws, they are bases on local perceptions of the political realities and they vary from State to State as well as from county and parish to county and parish.

When the condeming authority takes only a part of the property and the property is partially usable this is a partial taking and the measure of damages is the damage to the remainder.

If the zoning existed prior to the purchase, the market had already discounted for the effect of zoning and no damages exist. If the zoning took place after the purchase, the measure of damages, if determined by court to exist, can only be measured by a loss in value in the market value of comparable properties in the market.

Clearly, the community has the authority to make zoning regulations for property in that community.

There will alway be objections. Generally studies have shown the most restrictive residential zoning regulations tend to make the property more exclusive and drive up market values in communities that are in a growth spiral as we have here in Florida. This would probably not be true in negative growth regions. In Florida we commonly have zoning restricted to a single building on five acre plots.

Publius