Notices from attorneys representing clients seeking to file a Bert Harris Jr. Property Rights claim have flooded Anna Maria city hall recently, but the letters are filled with so many legal terms, they beg for explanation — another lawyer’s interpretation.
The following is an attempt to put the Bert Harris Jr. Act in simpler terms, as provided by the Florida League of Cities website and spokeswoman Sharon Barrian in consultation with attorneys.
History
The Bert J. Harris Jr. Private Property Rights Protection Act was passed by the Florida Legislature in 1995. It provides a means for a civil action against a local government if a private property owner believes an action by the local government has caused a “taking” or loss of his or her property value. Sometimes, the words “inordinate burden” are used to indicate the taking of property value.
Provisions
A property owner who believes a government action has reduced the value of his/her property has one year from the date of the government action to file a claim with the city. The claim includes a current appraisal showing the loss of property value to the owner.
The appraiser is hired by the property owner.
A claim is then submitted to the local government stating how much property value has been lost because of government’s action.
The burden of proof is on the property owner to show that the actions of the local governmental caused the property to lose value.
The “inordinate burden” means the property owner is “unable to obtain a reasonable, investment-backed expectation” of the property. The property owner is claiming the government action devalued his/her property.
Governmental response
Within 150 days of the Bert Harris claim being filed, the government involved must make a reasonable offer to settle the claim. This does not have to be a cash settlement.
Settlements
The local government and the property owner attempt to work out a settlement. Often, the local governing body obtains independent appraisals of the property to compare with the owner’s appraisal.
If no settlement is reached by the deadline, the deadline may be extended by the property owner.
If the deadline is not extended, the property owner has the option to file the Bert Harris claim in court.
Of the more than 2,000 known Bert Harris actions in Florida since 1995, very few are believed to have ended up in judicial court, according to the FLC.
One of the more infamous court cases involved the City of Venice in 2011 and a vacation rental ordinance it passed to halt rentals in a particular area.
The city lost that case and property owner Martha Gwynn and others were awarded more than $800,000 by the judge. The judge ruled the city had “taken” something from Gwynn and the others in a vacation rental ordinance.
The judgment was later overturned by an appeals court, but the case served as a wake-up call to local governments to use caution when passing ordinances that restrict vacation rentals.