Boca Del Mar homeowner William Vale today (August 25) put Palm Beach County on notice of his intent to file a claim against the county under the Bert J. Harris Act for adverse impact to his property.
Vale is seeking compensation for loss of fair market value to his property, which borders the former Mizner Trail Golf Course.
The claim notice charges that Vale’s property was adversely impacted due to the county’s decision last year to amend the Boca Del Mar Master Plan and PUD, remove the golf course /open space amenity designation, and approve residential development on the golf course.
Vale submitted a certified property appraisal with his notice.
Vale says his property value has been directly affected by the county’s decision of June 26, 2014, to “grant development rights where none existed (ruling by Judge Gerber).”
The Florida law known as the Bert J. Harris, Jr., Private Property Rights Protection Act provides for relief or payment of compensation when a “new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property.”
The Bert Harris Act offers a recourse to property owners where regulations may “inordinately burden, restrict, or limit private property rights without amounting to a taking under the State Constitution or the United States Constitution.”
In passing the Act, the legislature maintained that “There is an important state interest in protecting the interests of private property owners from such inordinate burdens.”
In the claim notice, Vale cites the 2008 opinion by Judge Jonathan D. Gerber in the 15th Judicial Circuit Court case of Mizner Trail Golf v Palm Beach County. In that case, the county spent several hundred thousand dollars to defend the Boca Del Mar Master Plan and its decision to not allow development on the golf course.
“Judge Gerber found Mizner was legally obligated to comply with the zoning regulations in existence at the time they purchased the property. . . and had no expectation to profit from building on the land that had no assigned development rights.”
Vale’s claim notice also states:
“Let the record show the actions taken by Staff, ZC, and BCC March 27. 2014 and June 26, 2014, contradict the six previous reports of the Planning Staff, the ZC reports, and two BCC resolutions…and the County’s 2008 defense for the Boca Del Mar Master Plan against Mizner Trail Golf Club, Ltd.”
The claim notice was emailed to county attorney Robert Banks with copies to county administrator Robert Weisman (who retires Monday August 31) and Deputy County Administrator Verdena Baker.
A property owner filing a claim under the Bert Harris act must give the county 150 days notice of intent to file the claim. The county is obligated to notify Legal Affairs in Tallahassee that it has received the claim.