In my Ups and Downs since Black Tuesday an interesting article by Peter Brieger in the Financial Post “The Other Chapter 11” where reference is made to NAFTA Chapter 11 suggested that Canadians’ personal part-time use property (investment) may be entitled to compensation from the U.S. government to recover the excess property tax burden, as compared to homesteaded Floridians. I indicated that I’ll put out some feelers to explore whether this would be a viable parallel path to challenge Save-Our-Homes.

Well, a leading expert on NAFTA-claims believes that Canadian owners of Florida property would be well advised to have counsel investigate and consider initiating a damages claim against the U.S. Government under NAFTA Chapter Eleven. The basis for the claim would be that by treating Canadian owners of Florida property less favourably than Floridian property owners respecting property taxes, Florida law breaches a Chapter Eleven non-discrimination provision. A successful NAFTA challenge would permit claimants to at least partially recoup excess taxes that they have been paying because of the discrimination. A large number of claimants would enhance the economics of the claim and increase the pressure applied by the claim. If you would like to pursue this possibility, send me an email expressing your interest.