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Tag: Bert Harris Act

July 12, 2017

Making takings law great again in Florida

The Florida Legislature expects the courts of this bonny state to protect property rights. But the courts have not gotten the message. Time after time, the courts of the state fail to protect the property rights of Florida land owners. The latest example of that failure arose in a case called P.I.E., LLC v. DeSoto ...

March 23, 2017

DeSoto County takes bite of P.I.E.; P.I.E. bites back

When the Florida Legislature enacted the Bert J. Harris, Jr., Private Property Rights Protection Act, it explained that the law provided a remedy to landowners unfairly affected by government regulation on their property. The law says: When a specific action of a governmental entity has inordinately burdened an existing use of real property or a v ...

October 11, 2016

A forgotten property rights protection in Florida

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 ...

November 20, 2012

Protecting property owners from governmental misdeeds

Friday, Pacific Legal Foundation filed an amicus brief with a Florida appellate court in a shocking case of local government gone awry: The Town of Ponce Inlet v. Pacetta, LLC. According to the trial court, the Town Council broke its promises of fair dealing, instead tying the hands of developers who had already invested millions and started ...