Image vi Pixabay.

You hear it often from people who want to see Sarasota County and its cities frozen in time, “commissioners need to stop all of this building.”  It is a fascinating premise to think a commissioner would have this sort of power, to issue a moratorium on building.

In reality, in Florida, they don’t. In Florida, private property owners have rights that have special protection due to the Bert J. Harris, Jr. Act.

The Act came about as a result of private land being restricted by government, or taken, to the point of being unusable for environmental reasons. The premise of this act is to protect property owners from governmental intrusion that limits what a property owner can do with their property if they have a reasonable expectation of being able to use it in a certain way.

If a government does take a property, there is a process the property owner can use to seek relief. On top of the relief, there can be damages, attorney fees and costs awarded to property owners who win their claim.

The language of the act is clear in its intent: “When a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief.”

Some in the public have argued investment property owners should not be protected since expectations are based upon an investment. But the statute specifically addresses this too and protects a “reasonable, investment backed expectation for the existing use … or a vested right to a specific use.” However, reasonable investment backed expectations may not be just speculation.

The processes in the act have resulted in mostly settlements between governments and property owners, but the property owner does not have to settle and can file a lawsuit in court if the settlement process is not satisfactory to them.

This law prevents governments from making arbitrary decisions on properties just because the neighbor next door isn’t happy that the property will be built on. Other laws also prevent governments from adding on requirements that are not in the code to create new burdens that other property owners would not have to face to build. 

So no, a commissioner cannot just say no to building on a property that has vested rights or a vested right to a specific use. Property rights have protection in Florida that prevent government overreach from taking it or rendering it useless. It is not the commissioner’s fault; it is state law that has been in existence for 30 years. 

Christine Robinson is Executive Director of the Argus Foundation.

Image vi Pixabay.