Presuit Appraisal Requirement under Bert J. Harris Act

The Bert J. Harris, Jr., Private Property Rights Protection Act (also known as the “Bert J. Harris Act”) “provides recovery for the loss of fair market value when the use of land is inordinately burdened by government action.” Blue Water Holdings, SRC, Inc. v. Santa Rosa County, FL, 46 Fla.L.Weekly D2622c (Fla. 1st DCA 2021); Fla. Stat. s. 70.001. A claimant cannot just rush to the courthouse and file a lawsuit. There is a presuit requirement and notice period that requires the claimant to funish an appraisal, as contained in Florida Statute s. 70.001(4)(a), which maintains: Not fewer than 90 days...

22 November

0 Comments

Sticky

Must be a “Property Owner” to Avail Yourself of the Bert J. Harris, Jr. Private Property Rights Protection Act

Posted by David Adelstein

in Trial Perspectives

In a prior article, I discussed the Bert J. Harris, Jr., Private Property Rights Protection Act. This Act is designed to provide statutory protection to a property owner when governmental action inordinately burdens (directly restricts or limits) the owner's use of their property without the governmental action amounting to a taking. Vale v. Palm Beach County, 43 Fla. L. Weekly D2591a (Fla. 4th DCA 2018). This Act, however, does NOT apply if governmental action does not inordinately burden YOUR property, i.e., property you own. For example, in Vale, a group of homeowners purchased property in a planned used development next...