A primer for the Bert Harris Jr. Property Rights Act

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.