The Bert Harris claims in Anna Maria resemble a house of cards.
If the city of Anna Maria loses one claim, the rest could tumble. The city faces 45 claims totaling $12,644,000.
With their precarious position in mind, city officials are hesitant to discuss strategy.
“The city is examining very closely the claimed decreased value of the homes and scrutinizing the appraisals,” Anna Maria Mayor Dan Murphy said.
Murphy said a few of the claims look suspicious because the claimants are suing for loss of income. “The city’s investigations have found a few of the homes claiming losses also are listed for sale online.”
A short search online by The Islander found two residences claiming losses listed “for sale” on a Remax website.
A home at 812 N. Shore Drive is listed for $2,750,000. According to the website June 16, it had been listed with Premiere Sotheby’s for 77 days, but the price was cut by $450,000 recently. The owner Rysal Enterprises LLC is claiming in its Bert Harris suit a loss of $455,000 on its five-bedroom residence.
106 Los Cedros Drive is listed for for sale at $2,195,000. The website reports it was listed June 13 with An Island Place Realty in Anna Maria. Salouh Florida LLC, which is claiming a $365,000 loss of value to the city, owns the five-bedroom residence.
Bert Harris Jr. claims allow private property owners to seek relief from a government entity that they believe has taken action that could lower their property value. The right to protest property loss comes from Florida’s Bert Harris Jr. Private Property Protection Act of 1995.
The city has 150 days after the filing date to investigate and respond to the claims.
The city, in its response, has three options:
- Agree to the claim and pay the property owner the lost value.
- Agree to the claim and allow the property an exemption.
- Disagree with the claim, which could result in a trial in circuit court.
Interim city attorney Ricinda Perry warned the commission last year, when it faced three other Bert Harris claims, the city would lose if it went to court.
She reasoned that no jury would agree that limiting a home that could include five or six bedrooms to four bedrooms, the limit established by the city, would be valued the same.
The 25 claims filed April 27-29 must be answered before the Sept. 24-26 weekend, and the city’s deadline to answer the 20 claims from May 23 is Oct. 20.