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

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...

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...