Bert J. Harris Jr. Private Property Rights Protection Act

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You may recall that we blogged about a rare trial court victory for property owners back on May 23, 2018.  Since then, that case has been to the Fourth District Court of Appeal, yet again. The most recent opinion from the Fourth District upheld the trial court’s jury verdict awarding the land owner $2,000,000, plus pre-judgment interest in the amount of $1,302,577.

Interestingly, the Fourth District Court of Appeal also upheld the trial court ruling that excluded Indian River County’s economist and appraiser. The Fourth District concluded that the trial court “properly excluded the economist’s and the appraiser’s testimony, in part, based upon the Bert Harris Act’s plain meaning.”Continue Reading Bert J. Harris, Jr. Private Property Rights Protection Act Update

The story behind this new cause of action

gavel.jpgThis legislation expands the Bert J. Harris Jr., Property Rights Protection Act (which we have recently discussed here and here) and codifies the 2013 United States Supreme Court’s Koontz decision. Following the Koontz case, a local government’s power to condition the approval of proposed development by demanding property or monetary exactions has been significantly curtailed.

Effective October 1, 2015, Florida has crafted a new cause of action under Section 70.45, Florida Statutes, which will provide relief for property owners who have been subjected to such an unlawful exaction.

How it worksContinue Reading New Florida Law Benefits Property Owners Subjected to Unlawful Exactions

On October 1, 2015, various revisions to the Bert J. Harris, Jr., Private Property Rights Act will take effect. On October 1, among other things, the definitions of “property owner” and “real property” will change as set forth in Chapter 2015-142 Laws of Florida. The changes may limit the reach of the Second District…

The Second District Court of Appeal, which covers fourteen counties in West Central Florida and Southwest Florida from Pasco County in the north to Collier County in the south, issued a decision in June 2015 that significantly expands the rights of real property owners in Southwest Florida. In the case entitled FINR II, Inc. v. Hardee County, the appellate court ruled that

the Bert [J.] Harris [, Jr., Private Property Rights Protection] Act provides a cause of action to owners of real property that has been inordinately burdened and diminished in value due to governmental action directly taken against an adjacent property.” (Emphasis added.)

Facts of the CaseContinue Reading Recent Court Decision Expands Rights of Property Owners in Southwest Florida