Bert Harris Act and Limits to Property Rights
The Florida Bert Harris Act gives property owners relief if a government entity inordinately burdens an existing use or vested right to a specific use of real property.
Many Local Governments are afraid of Bert Harris Act lawsuits if they pursue managed growth. Are their fears warranted? Here are two legal summaries.
A memo on the Harris Act prepared by attorney Ralf Brookes (Board Certified in City, County and Local Government Law)
A PowerPoint presentation on the Harris Act and local government, "Planning, Zoning and Property Rights," by Richard Grosso, General Counsel with the Everglades Law Center, Inc.
Two Often Misunderstood Points
There is no vested right to the continuation of existing comprehensive planning or zoning designations and allowances.
Florida property rights law does not guarantee a landowner the maximum densities or intensities permitted by a local comprehensive plan or zoning code.