A Miami homeowner has filed a lawsuit against the city, alleging that an abusive permitting process is being used to take private property from residents. Charles “Chad” Trausch amended his complaint against the city this week, building on a case he first brought eight months ago after officials required him to transfer part of his front yard for public use before issuing a building permit.
Trausch and his wife, Stephanie, purchased their Buena Vista neighborhood home in 2021 for $710,000. When they sought to add a two-bedroom, two-bathroom addition in anticipation of their child’s birth, Trausch applied for the necessary permits. According to the lawsuit, the city refused to issue the permit unless Trausch permanently deeded part of his front yard to the city.
“For twenty months, the city withheld [Trausch’s] permit because he refused to give up half his front yard,” the lawsuit states. Once Trausch hired attorneys, “the city suddenly decided to ‘approve’ [Trausch’s] waiver request” without explanation.
Since submitting his application in spring 2024, construction costs have increased significantly. Trausch’s legal team estimates it will now cost more than $200,000 to complete the project.
Attorneys Ari Bargil and Suranjan Sen from the Institute for Justice represent Trausch. They claim that Miami is “systematically extorting hundreds of Miami residents.” The Institute reports that more than 1,000 homes across 66 streets could be impacted by similar demands for land transfers.
A spokesperson for the city said they would respond to The Real Deal’s request for comment but had not provided one at press time.
The lawsuit argues that expanding public right-of-way without compensating homeowners violates constitutional protections against uncompensated takings and denies due process under the Fifth and Fourteenth Amendments. It further alleges that while base building lines typically mark where owners cannot build but still retain ownership, Miami has instead been acquiring these areas through permanent deeds when residents seek permits.
According to testimony cited by the Institute for Justice from a city employee involved in a federal case with Trausch’s neighbor, such land transfer demands have occurred “hundreds” of times over several years as part of efforts by Miami to secure land for future road widening projects.
