Feb 28, 2016 – More than 150 days after a group of homeowners put the county on notice of their intent to claim compensation for loss of property values under the Bert J. Harris Act, Palm Beach County says it is still not ready to respond.
The homeowners filed their claims in civil suits in federal court in the first week of February. The county’s response was legally due Monday, Feb. 29 — 170 days after it was first put on notice.
While the county wants more time, the citizens who filed the claims want the county to meet its original deadline.
The county has filed for an extension in federal court.
Public Court Hearing Monday March 7
The public hearing is set for 8:45 a.m. Monday, March 7, at the Palm Beach County Courthouse, Room 10B. Judge Richard Oftedal will be presiding.
Bert J. Harris Act
Florida’s Bert J. Harris, Jr., Private Property Rights Protection Act provides for property owners to claim compensation for loss of value or restriction of use of their properties as a result of government actions.
The County’s Actions
The Palm Beach County Commission on June 26, 2014, voted 5 to 2 with conditions to allow redevelopment of the Mizner Trail Golf Course in the Boca Del Mar master planned community.
The approved plans replace the golf course with zero lot line homes, townhomes, condominiums or rental units filling the narrow green corridors.
The homeowners, submitting appraisers’ reports, are suing for compensation for the loss of the golf course and green space amenities .
After the county approved re-zoning, the developer-owners put the Mizner Trail land up for sale.