Bert J. Harris, Jr., Private Property Rights Protection Act Claim Filings
Summary Concerning Bert Harris Act Claim Filings
On April 27, 2016, 8 separate Bert Harris Act claims for developed parcels were presented to the City by Scott Rudacille, Esq., with the Law firm of Blalock Walters, P.A. of Bradenton, Florida, on behalf of the parcel owners. Each claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The 8 claims together seek relief totaling $2,953,000.00, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcels for which claims were filed:
115 Mangrove Ave - CLOSED By the Shore Investments II, LLC 7021300004
205 Palm Ave - CLOSED Joern and Kathrin Stock 7019300059
RE RECORDED
212 Oak Ave - CLOSED Michael Hapke and Terry-Lyn Mason 7045010050
214 Spring Ave - CLOSED Twenty-One Properties, LLC 7015300059
306 Poinsettia Ave - CLOSED Joern and Kathrin Stock 6888200059
318 Tarpon Street - CLOSED Michael Hapke and Terry-Lyn Mason 6920700369
320 Tarpon Street - CLOSED Terry-Lyn Mason, Michael & Nancy McAleer 6920700319
807 N Shore - CLOSED Green Sea Turtle Real Estate, LLLP 6865800004
Summary Concerning Bert Harris Act Claim Filings
On April 28, 2016, 11 separate Bert Harris Act claims for developed parcels were presented to the City by Kevin Hennessey, Esq., with the Law firm of Lewis, Longman, Walker of Bradenton, Florida, on behalf of the parcel owners. Each claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The 11 claims together seek relief totaling $2,871,000.00, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcels for which claims were filed:
76 North Shore - CLOSED Wolverine Partners, LLC 7059100003
106 Los Cedros - CLOSED Salouh Florida, LLC 7062700005
112 Palm Ave - CLOSED Powell-Harllee Investment, LLC 7028500002
122 White Ave - CLOSED Dr. Lawson Macartney 6997200059
207 Sycamore - CLOSED Matthew & Lynn Ward 7084610059
306 Spring - CLOSED Scott & Beth Powell 7014300003
404 Alamanda - CLOSED Seven Emeralds, LLC 6882600106
509 S Bay - CLOSED AMI Retreat, LLC 6935600004
780 Jacaranda - CLOSED Seven Emeralds, LLC 6882600056
812 N Shore - CLOSED Rysal Enterprises, LLC 6873400052
861 N Shore - CLOSED Raymond T & Anne H. Hyer III 6858600056
Summary Concerning Bert Harris Act Claim Filings
On April 29, 2016, 6 separate Bert Harris Act claims for developed parcels were presented to the City by Kevin Hennessey, Esq., with the Law firm of Lewis, Longman, Walker of Bradenton, Florida, on behalf of the parcel owners. Each claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The 6 claims together seek relief totaling $1,740,000.00, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcels for which claims were filed:
93 N Shore - CLOSED Michelle & Jeffery Laade 7015200004
109 Palm Ave - CLOSED Kurt & Laura Nisi 7027600001
114 Oak Ave - CLOSED Gerald & Jeane Pitcher 7020800004
202 Archer Way - CLOSED Tall Oaks Development, LLC 7113500109
513 Loquat - CLOSED Welch Properties, LLLP 6922300006
790 N Shore - CLOSED John Minnebo & Beatrice Guinsbourg 6871300007
Summary Concerning Bert Harris Act Claim Filings
On May 23, 2016, 20 separate Bert Harris Act claims for developed parcels were presented to the City by Aaron Thomas, Esq., with the Law firm of Najmy/Thompson, PL of Bradenton, Florida, on behalf of the parcel owners. Each claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The 20 claims together seek relief totaling $5,080,000, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcels for which claims were filed:
62 N Shore CLOSED John Lynch 7053600209
104 Pine - CLOSED Randolph Brown 7033100004
117 Willow - CLOSED 117 Willow LLC 7024900008
203 S Bay - CLOSED Gulf Coast Vacation Homes, LLC 7000600077
209 Magnolia - CLOSED DSB RE Holdings, LLC 7017900209
213 Elm - CLOSED Lawson Macartney 7087900200
213 Magnolia - CLOSED DSB RE Holdings, LLC 7017900409
236 Gladiolus - CLOSED Liad Wagman Trygg Anderson 6891500008
300 N Shore, A - CLOSED Ronald Breteler & Wendy Patricia Nelson 7071910559
300 N Shore, B - CLOSED Ronald Breteler & Wendy Patricia Nelson 7071910609
305 Hardin - CLOSED Richard Drew Eason & Cynthia Eason 7053600259
306 Tarpon CLOSED Tommy Bolton & Michelle Bolton 6920700652
313 Hardin - CLOSED Lawson Macartney 7053900002
607 Fern - CLOSED Robert Moberger 6887810056
611 Fern - CLOSED Robert Moberger 6887800008
610 Rose - CLOSED Robert Moberger 6887810031
733 Holly - CLOSED Wawaweehaw LLC 7067600002
749 Jacaranda - CLOSED John Hinton and Carol Hinton 6878600109
803 Gladiolus - CLOSED Bruce Parkman 6873200007
851 N Shore - CLOSED Corinna Oliashirazi 6863200058
Summary Concerning Bert Harris Act Claim Filings
On May 26, 2016, 3 separate Bert Harris Act claims for developed parcels were presented to the City by Aaron Thomas, Esq., with the Law firm of Najmy/Thompson, PL of Bradenton, Florida, on behalf of the parcel owners. Each claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The 3 claims together seek relief totaling $965,000, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcels for which claims were filed:
211 Willow CLOSED Allen Weinstein & Allison Boak 7051300007
827 N Shore - CLOSED Jeffrey Rodencal & Wendy Blumenthal 6864500001
891 N Shore - CLOSED Andrea Jones & Daniel Scanlan 6854200000
Summary Concerning Bert Harris Act Claim Filings
On June 16, 2016, a Bert Harris Act claim for a developed parcel was presented to the City by Scott Rudacille, Esq., Blalock Walters, PA of Bradenton, Florida, on behalf of the parcel owners. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $400,000, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
505 S Bay Blvd - CLOSED Marie Ann McCaughan & Christine A. Hatch 6935500006
Summary Concerning Bert Harris Act Claim Filings
On June 20, 2016, 2 Bert Harris Act claims for developed parcels were presented to the City by Aaron Thomas, Esq., Najmy/Thompson, Attorneys at Law, of Bradenton, Florida, on behalf of the parcel owners. The claims were presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claims seek relief totaling $360,000, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcels for which claims were filed:
210 Sycamore - CLOSED Moberger, LTD 7082800009
211 Chilson O&S Holdings, LLC 7046900002
Summary Concerning Bert Harris Act Claim Filings
On July 1, 2016, 3 Bert Harris Act claims for developed parcels were presented to the City by Aaron Thomas, Esq., Najmy/Thompson, Attorneys at Law, of Bradenton, Florida, on behalf of the parcel owners. The claims were presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claims seek relief totaling $1,285,000, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcels for which the claim was filed:
211 Magnolia Avenue - CLOSED Starfish 66, LLC 7017900309
217 Magnolia Avenue - CLOSED Magnolia Beach Views, LLC 7017900609
228 Willow Avenue - CLOSED 228 Willow, LLC 7053200056
Summary Concerning Bert Harris Act Claim Filings
On July 12, 2016, 5 separate Bert Harris Act claims for developed parcels were presented to the City by Aaron Thomas, Esq., with the Law firm of Najmy/Thompson, PL of Bradenton, Florida, on behalf of the parcel owners. Each claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The 5 claims together seek relief totaling $4,095,000.00, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcels for which claims were filed:
109 Pine CLOSED Pine View Gulf LLC 7032300001
201 S Bay AMI Bayfront LLC 7000500004
205 Elm CLOSED 205 Elm LLC 7085200009
205 S Bay CLOSED Beach to Bay Investments Inc 7000600101
881 N Shore CLOSED Gulf View Retreat LLC 6853400007
Summary Concerning Bert Harris Act Claim Filings
On July 25, 2016, 3 separate Bert Harris Act claims for developed parcels were presented to the City by Aaron Thomas, Esq., with the Law firm of Najmy/Thompson, PL of Bradenton, Florida, on behalf of the parcel owners. Each claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The 3 claims together seek relief totaling $1,205,000.00, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcels for which claims were filed:
101 Willow (Lot 18) CLOSED KPI 48th St. Dev., LLC 7025300000
789 Jacaranda CLOSED 791 Jacaranda LLC 6872000002
791 Jacaranda CLOSED 791 Jacaranda LLC 6872000002
Summary Concerning Bert Harris Act Claim Filing
On August 16, 2016, a Bert Harris Act claim for developed parcel was presented to the City by Aaron Thomas, Esq., with the Law firm of Najmy/Thompson, PL of Bradenton, Florida, on behalf of the parcel owner. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $340,000, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
213 Spruce - CLOSED John C. Munn 7098500007
Summary Concerning Bert Harris Act Claim Filing
On August 17, 2016, a Bert Harris Act claim for developed parcel was presented to the City by Aaron Thomas, Esq., with the Law firm of Najmy/Thompson, PL of Bradenton, Florida, on behalf of the parcel owner. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $345,000, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
9802 Gulf Drive CLOSED 9802 Gulf Drive, LLC 7028400059
Summary Concerning Bert Harris Act Claim Filing
On August 26, 2016, a Bert Harris Act claim for developed parcel was presented to the City by Kevin Hennessey, Esq., with the Law firm of Lewis, Longman, Walker, PL of Bradenton, Florida, on behalf of the parcel owner. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City's adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $345,000, representing the alleged diminution in value resulting from the City's adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
520 Bayview Place - CLOSED Gregory and Donna Sutherland 6933400159
Summary Concerning Bert Harris Act Claim Filing
On September 13, 2016, a Bert Harris Act claim for developed parcel was presented to the City by Scott E. Rudacille, Esq., with the Law firm of Blalock Walters P.A., on behalf of the parcel owners. The claim was presented in writing, accompanied by an appraisal providing a before and after parcel valuation following the City's adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $345,000, representing the alleged diminution in value resulting from the City's adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
207 S Bay - CLOSED Benjamin and Julie Asper 7000600150
Summary Concerning Bert Harris Act Claim Filing
On September 16, 2016, a Bert Harris Act claim for developed parcel was presented to the City by The Stephen M. Jones Law Firm PLLC, on behalf of the parcel owners. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City's adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $520,000, representing the alleged diminution in value resulting from the City's adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
804 N Shore CLOSED Violet and Neil Rosenblit 6873000050
Summary Concerning Bert Harris Act Claim Filing
On September 22, 2016, a Bert Harris Act claim for developed parcel was presented to the City by The Lewis Longman Walker Attorneys at Law, on behalf of the parcel owners. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $345,000, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
521 Magnolia Avenue - CLOSED TML of Tampa Bay, LLC 6920701269
Summary Concerning Bert Harris Act Claim Filing
On September 29, 2016, a Bert Harris Act claim for developed parcel was presented to the City by The Najmy Thompson Attorneys at Law, on behalf of the parcel owners. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $550,000, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
508 Spring Avenue CLOSED Anna Maria Coastal Homes, LLC 7002800055
210 Palmetto Avenue CLOSED Rainer Zschoernig 7018400007
Summary Concerning Bert Harris Act Claim Filing
On October 31, 2016, a Bert Harris Act claim for developed parcel was presented to the City by the parcel owners. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $495,144.00, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
142 Crescent Drive - CLOSED Crescent Cottages II LC 6984800059
146 Crescent Drive CLOSED Crescent Cottages I LLC 6984800109
Summary Concerning Bert Harris Act Claim Filing
On November 10, 2016, a Bert Harris Act claim for developed parcel was presented to the City by the Najmy Thompson Attorneys at Law, on behalf of the parcel owners. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City's adoption of Ordinance No 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $505,000.00, representing the alleged diminution in value resulting from the City's adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
414 Pine Avenue CLOSED James and Lauren Collins 7040600109
507 Spring Avenue CLOSED Phyllis C. Grey Family Trust 7000400007
Summary Concerning Bert Harris Act Claim Filing
On November 16, 2016, a Bert Harris Act claim for developed parcel was presented to the City by the Najmy Thompson Attorneys at Law, on behalf of the parcel owners. The claim was presented in writting accompanied by an appraisal providing a before and after parcel valuatiion following the City's adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $480,000.00 representing the alleged diminution in value resulting for the City's adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
157 Crescent Drive CLOSED Christopher and Catherine Hackney 6984600109
703 Fern Street CLOSED Once Upon A Tide, LLC 6883500008
Summary Concerning Bert Harris Act Claim Filing
On November 18, 2016, a Bert Harris Act claim for developed parcel was presented to the City by the Najmy Thompson Attorneys at Law on behalf of the parcel owners. The claims were presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $1,725,000.00, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
832 South Bay Boulevard, #A Bridgeview Properties, LLC 6918200709
832 South Bay Boulevard, #B Bridgeview Properties, LLC 6918200759
215 Magnolia Avenue CLOSED Una Harrison 7017900509
Summary Concerning Bert Harris Act Claim Filing
On November 18, 2016, Bert Harris Act claims for developed and undeveloped parcels were presented to the City by the Najmy Thompson Attorneys at Law and Blalock Walters, P.A. on behalf of the parcel owners. The claims were presented in writing accompanied by appraisals providing a before and after parcel valuation following the City's adoption of Ordiance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claims seek relief totaling $2,380,500.00, representing the alleged dimuntion in value resulting from the City's adoption of Ordinance No. 15-807.
Listing of parcels for which claims were filed:
Attorney's: Blalock Walters, P.A.
104 Palmetto Avenue - CLOSED Three Gulls, LLC 7028100050
207 Palm Avenue CLOSED Olga Alexander 7019300109
423 Spring Avenue - Closed 423 Spring Street, LLC 7009600003
715 Holly Road - CLOSED Alan Paul Chappell and Ann H. Chappell 7070000000
753 Jacaranda Road - Closed Hull Speed, LLC 6878700059
Attorney's: Najmy Thompson
894 North Shore Drive Lot 14 - CLOSED Michael and Frieda Jaworski 6857000001
894 North Shore Drive Lot 15 - CLOSED Michael and Frieda Jaworski 6857000001
Summary Concerning Bert Harris Act Claim Filing
On December 1, 2016, a Bert Harris Act claim regarding vacant property located at 501 South Bay Boulevard, Anna Maria, Florida, was filed with the city by Attorney Scott E. Rudacille on behalf of his clients Rick and Kristina Kellar. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City's adoption of Ordinances No. 2015-801 and 2015-804 regarding site developement standards impacting the maximum improvement size and configuration that can be built on the property. The claim seeks relief totaling $88,500.00, representing the alleged dimunation in value resulting from the City's adoption of the referenced ordinances.
Listing of parcel for which the claim was filed:
501 South Bay Boulevard CLOSED Rick and Kristina Kellar 6935300001
Summary Concerning Bert Harris Act Claim Filing
On January 11, 2017, a Bert Harris Act claim for undeveloped parcels were presented to the City by The Lewis Longman Walker Attorneys at Law on behalf of the parcel owners. The claims were presented in writing accompanied by appraisals providing a before and after parcel valuation following the City's adoption of Ordiance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claims seek relief totaling $860,000.00, representing the alleged dimuntion in value resulting from the City's adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
404 Spring Avenue, Lot 12 CLOSED Luann Marshall and Linda Cedolin 7006100007
404 Spring Avenue, Lot 13 CLOSED Luann Marshall and Linda Cedolin 7006100007
Summary Concerning Bert Harris Act Claim Filing
On January 12, 2017, a Bert Harris Act claim for developed/undeveloped parcels were presented to the City by the parcel owners. The claims were presented in writing accompanied by appraisals providing a before and after parcel valuation following the City's adoption of Ordiance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claims seek relief totaling $3,067,400.00, representing the alleged dimuntion in value resulting from the City's adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
801 North Shore Dr CLOSED James L. and Jeanette DePorre 6865400003
110 Willow Ave CLOSED LTL Investments 7025800058
60 North Shore Dr - CLOSED Fredrick and Ruth Lynch 7053600159
116 Peppertree Ln, Lot 6 CLOSED 116 Peppertree LLC 6995900005
116 Peppertree Ln, Lot 8 CLOSED 116 Peppertree LLC 6995900005
404 Magnolia Ave - CLOSED 2010 Murray Family Trust 7008600004
428 Magnolia Ave Island Savvy Ventures LLC 7007600059
703 North Bay CLOSED Thomas Calme Jr and Michael McKeithen 6861900006
797 North Shore CLOSED Gregory Reynolds, Kristine Zelt, 6870600001
Andrew Offerle, Marcus Martin and Heather Martin
Summary Concerning Bert Harris Act Claim Filing
On January 13, 2017, a Bert Harris Act claim for developed/undeveloped parcels were presented to the City by the parcel owners. The claims were presented in writing accompanied by appraisals providing a before and after parcel valuation following the City's adoption of Ordiance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claims seek relief totaling $3,820,000.00, representing the alleged dimuntion in value resulting from the City's adoption of Ordinance No. 15-807.
Listing of parcel for which the claim was filed:
203 Elm Ave Appraisal Metro and Suzanne Butner 7085900053
10107 Gulf Dr Appraisal Metro and Suzanne Butner 7085910102
215 Spring Ave CLOSED Erik and Cheryl Christensen 7017200002
103 Park Ave CLOSED Brett and Laura Gallagher 6895100809
104 Tuna CLOSED 105 Tuna LLC 7094100000
112 Maple Ave CLOSED Grace A. Crowder Living Trust 6991600005
113 Maple Ave CLOSED Villa La Concha, LLC 6993100059
237 Willow Ave CLOSED William & Nedra Townley 7052400004
513 North Bay Blvd Mighty Palm LLC 6852900007
513 North Bay Blvd Mighty Palm LLC 6852900007
752 North Shore CLOSED Scott Ledgewood 6881600008
787 North Shore CLOSED Alexander and Laurie Horvat 6869900008
Summary Concerning Bert Harris Act Claim Filing
On December 5, 2017, a Bert Harris Act claim for developed parcel was presented to the City by Aaron Thomas, Esq., with the Law firm of Najmy/Thompson, PL of Bradenton, Florida, on behalf of the parcel owners. The claim was presented in writing accompanied by an appraisal providing a before and after parcel valuation following the City’s adoption of Ordinance No. 15-807 regulating short-term vacation rentals within the City of Anna Maria. The claim seeks relief totaling $420,000.00, representing the alleged diminution in value resulting from the City’s adoption of Ordinance No. 15-807.
107 Elm Avenue Graham and Hazel Hanson 7033400008
Frequently asked questions
What is the Bert Harris Act?
The Bert J. Harris, Jr., Private Property Rights Protection Act ("the Bert Harris Act") is a Florida statute (s. 70.001, Fla. Statutes). The Bert Harris Act provides a cause of action against a local government if the local government enacts a law, regulation, or ordinance that inordinately burdens, restricts, or limits private property rights without amounting to a taking of property under the State Constitution or the United States Constitution. The State Legislature passed the Act to protect the interests of private property owners by creating a separate cause of action in addition to the existing laws for the unconstitutional taking of private property by government. The separate cause of action is intended by the Legislature to provide for relief from the inordinately burdensome law by changing the manner in which it is applied and/or providing for the payment of compensation to the property owner.
What does a Bert Harris Act claim consist of?
The statute provides that a property owner seeking compensation under the Act must file the claim in writing with the local government not less than 150 days prior to filing an action in the circuit court. The claim must include a bona fide, valid appraisal supporting the claim and demonstrating the loss in fair market value to the real property.
What happens after a Bert Harris Act claim is filed?
Within 15 days after the claim is filed, the local government reports the claim in writing to the Department of Legal Affairs and provides the name and contact information for the local government from whom additional information about the claim can be obtained. The statute provides that the legal government must provide written notice to contiguous property owners to the claim using the addresses on the most recent County tax rolls. During the 150 day notice period (unless the period is extended by agreement of the parties), the local government shall provide a written settlement offer to the owner. Also during the 150 day notice period, but unless a settlement offer is accepted by the property owner, the local government shall issue a written statement of allowable uses for the subject property. If the settlement offer is accepted by the property owner, then the local government takes whatever necessary steps to implement the settlement offer. If the settlement offer and the statement of the allowable uses are both rejected by the property owner, then the owner may file the claim with the circuit court.
Will a public hearing be held related to a Bert Harris Act claim?
The statute does not specifically require a public hearing for a Bert Harris Act claim. The governing body of the local government will consider the settlement offer options as part of a public meeting.
Can public comments be submitted related to a Bert Harris Act claim?
The statute does not specifically provide for a method of public comment. When the matter is heard by the City Commission to consider the settlement offer that is required by statute, members of the public will have the opportunity to appear and submit any comments subject to the usual rules of public participation. Comments can also be in writing and should be addressed to Diane Percycoe, City Clerk, by mail at: P.O. Box 779, Anna Maria, FL 34216; by fax: (941) 708-6134; or by email: amclerk@cityofannamaria.com. They will be provided to the Commissioners.
Are these Bert Harris Act claims valid?
The claims are under review by City of Anna Maria and as of this time there is no formal determination.