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Mix #1 - Ld + 112 + Bar + ED > Bert Harris > Flashcards

Bert Harris Flashcards

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1
Q

3 Factors

A

Mafioso Bert “VIC” Harris
VIC is Permanently Burdened by a Direct FIB
———–
1. Vested right to a use or existing use
2. Inordinately burdened
3. Compensation, incl variance & $ loss to FMV.

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2
Q

What must accompany a Claim?

A

Valid appraisal that shows loss in FMV.

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3
Q

Dfn. Action of LG - New 2021

A

Act on permit, pass ordinance.
LG inaction does not qualify.

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4
Q

Dfn. Real Property Interest - New 2021

A

Includes subsurface, minerals, any interest.

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5
Q

Dfn. Inordinately Burden

A 
BERT HARRIS
-----------
Mafioso VIC is Burdened Permanently by a Direct FIB.
-----------
1.   Permanent restriction.
2.  Direct restriction.
3.  Foreseeable use. 
4.  o unable to attain Investment Backed expectation.
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6
Q

Who can claim?

A

Title owner only, not neighbor.

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7
Q

Retain claim? New 2021

A

O retains rights of claim even if conveys property before claim resolution.

~~somewhat similar, develop rts of parent parcel do not pass w/ fee title~~

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8
Q

What cannot support a Bert Harris claim?

A

BERT HARRIS

a. Use not reas foreseeable (ex. requires legis change).
b. Temporary burden.
c. Burden czd by LG remediating a public nuisance.

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9
Q

Settlement - New 2021

A

Settlement offers presumed to protect the public interest.

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10
Q

What does Court review determine?

A

If LG inordinately burdened.

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11
Q

Atty Fees - New 2021

A

Either side can get from date presented claim.

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12
Q

LG housekeeping if settlement accepted.

A

LG has 15 days to notify Dept. of Legal Affairs.

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13
Q

What are 2 factors affecting when regulation is 1st applied to property, thus initiating 1 yr claim deadline.

A

BERT HARRIS

  1. Written notice mailed by LG to O.
  2. Impact of law on prop is clear and unequivocal.
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14
Q

Is O application for development order always required? New 2021

A

No. Under enact-only O may write an impact letter. No app needed.

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15
Q

Name 4 exemptions to Bert Harris.

A 
BERT HARRIS
-----------
The 1995 METs are exempt from Harris.
-----------
The following are not eligible for Harris claims:
A.	Regs & orders pre-5/11/1995;
B.	Related 
(1)     Maps of Flood Insurance Rate.
(2)    Eminent Domain, re: transportation.
(3)    Transportation facilities.
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16
Q

Does Sovereign Immunity protect LG?

A

No - it is waived!

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17
Q

Limits on court remedies.

A

Once suit filed, O can only get money damages.

18
Q

Can neighbor assert BH claim?

A

No. Title O only,

19
Q

If Court determines LG inordinately burdened, how can parties proceed?

A

Bert Harris

(1) LG can file interlocutory appeal.
(2) O empanel jury OR Judge* for dmgs.
* new 2021
* BUT only JUDGE decides C+AF*

20
Q

Who determines O damages?

A

Jury or Court. BUT only JUDGE decides C+AF
———–
New 2021 - for DAMAGES, O can forego Jury & opt for dmgs.

21
Q 
BERT HARRIS
-----------
What are the 2 modes of transmission required for: 
(1)   Owner's claim
(2)  LG's response?
A

Certified mail & email (if avail).

22
Q

11 thing LG can do in its response to Owner’s Bert Harris claim?

A

BERT HARRIS

  1.  Change permit stds or DUI (density, use, intensity).
  2. Transfer developmental rights or swap lands.
  3.  Mitigate, including $ in lieu of onsite mitigation.
  4.  Locate to least sensitive portion of the property.
  5.  Conditioning amt of development or use permitted.
  6.  Address multi-issues on comprehensive basis rather than a single proposed use or development.
  7.  Issue development order, variance, special exception, or other extraordinary relief.
  8.  Compensate or purchase the property.
  9.  Nothing.
23
Q

When might regulation impact on property not be readily ascertainable?

A

If regulation generally & potentially applies to property (if LG retains discretion to approve or disapprove), may not readily ascertainable until permit denial.

24
Q

Does claim deadline start ticking from date of ruling on development order?

A

No. Starts from the date of rendition of the order.

25
Q

Dfn. “Property Owner.”

A

One whose real property is the subject of and directly impacted by the action of LG.

26
Q

Dfn. “Real Property”

A

Parcels that are the subject of and directly impacted by the act of LG.

27
Q

Can LG inaction give rise to Bert Harris claim?

A

No.

28
Q

State statutory definition of “exists,” i.e., when use or vested right to use “exists.”

A

Not defined in statute. Decided by Court.

29
Q

What guidance does statute give courts in determining “exists”?

A 
BERT HARRIS
-----------
existing VESTED RT
Apply equitable estoppel or Florida statutory law.
---
existing USE
actual, foreseeable, enhances FMV
30
Q

How does equitable estoppel determine an O has a vested right to use?

A

you can’t Equitably eSTOP a GOOD ACT from CHANGING you.
———–
It’s inequitable & unjust to destroy O’s acquired right if:
1) In GOOD faith;
2) Upon lg ACT or omission;
3) Made substantial CHANGE or incurred extensive expenses.

31
Q

Dfn. “Existing use.”

A

ACTUAL:
Can be inactive & can be incidental.
POTENTIAL:
(a) Reasonably foreseeable, non-speculative use
(b) Suitable & compatible with adjacent &
(c) Creates FMV greater than FMV of actual use.

~~I miss this tending to think that FMV effect is an element of Bert Harris. That is “Foreseeable use.”~~

32
Q

Are business damages available in Bert Harris lawsuit?

A

No.

33
Q

Why does statute encourage written settlement offers?

A

NEW 2021 - They are presumed to protect the public interest.

34
Q

Who decides Bert Harris damages, judge or jury?

A

NEW 2021 - Judge is now an option. (previously strictly jury).

35
Q

From when can AF be considered for an award?

A

NEW 2021 - From time O notifies LG of claim. (previously from time filed suit).

36
Q

Does O lose its claim/lawsuit if O sells property during the proceeding?

A

NEW 2021 - No.

37
Q 
BERT HARRIS
-----------
What can O do if:
LG enacts a law that unequivocally affects O's property, 
Gives O no notice,
BUT
O isn't seeking a permit at this time?
A

NEW 2021 -
O may send ‘impact letter’ to LG via cert mail & EM (if avail). No need to make application.

38
Q

Can O use Bert Harris for a facial challenge to a new law?

A

Yes. Only applies to laws after 5/11/1995

39
Q

What are specifically exempt from being an exaction & Bert Harris claims?

A

Impact fees.
Non-ad valorem assessments.

40
Q

Who gets to simply send an impact ltr as a prerequisite for a Bert Harris?

A 
BERT HARRIS
-----------
Enact-Only.  ~~I miss this one a lot.~~
-----------
See deck "Bert Harris, Mechanics & Timelines."

Mix #1 - Ld + 112 + Bar + ED (65 decks)

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