Bert Harris Act and Competing Motions for Summary Judgment

in Standard of Review, Trial Perspectives

In previous articles, I have discussed the Bert J. Harris, Jr. Private Property Rights Protection Act also known as the Bert Harris Act. (See here and here.) A recent case, Brevard County, Florida v. Waters Mark Development Enterprises, LC, 47 Fla.L.Weekly D1863c (Fla. 5thDCA 2022), discusses the Bert Harris Act when there are competing motions for summary judgment. In this case, the plaintiff purchased land in Brevard County with plans to develop a residential subdivision. After the plaintiff purchased the land, the County amended its comprehensive land use plan that lowered the developmental density. Whereas the comprehensive land use plan originally...

18 March

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The Not Widely Known Harris Act: Protection of Private Property Rights

Posted by David Adelstein

in Trial Perspectives

There is a Florida statute not universally known called the “Bert J. Harris, Jr., Private Property Rights Protection Act” and oftentimes called the "Harris Act" for ease of reference. The Harris Act is embodied in Florida Statute s. 70.001 (found here) and it deals with the protection of private property rights. More specifically, it provides a private cause of action when the existing use (or vested rights) of property is inordinately burdened by the Florida government (including agencies thereof). The Harris Act has some teeth in certain situations, as demonstrated below in a case example, and is a good...