The Environmental and Land Use Law Section of the Florida Bar (ELULS) recently published my article about a forgotten protection provided by Florida’s Bert J. Harris, Jr., Private Property Rights Protection Act. Twenty-one years ago, the Florida Legislature passed the Act to provide additional property rights protections to those already recognized under the state and federal Constitutions. Much has been written about the law and many lawsuits brought under the Act. But one protection under the Act has been overlooked: its unique protections for property when the government acts in bad faith. In the article, I encourage practitioners to claim the protection for their clients and explain in more detail how courts should interpret the Act.
The article is called The Bert Harris Act’s Forgotten Clause: Vested Rights Arising from Substantive Due Process and you can read it on the ELULS website.