The Anna Maria Island Sun Newspaper

Vol. 15 No. 2 - November 5, 2014

REAL ESTATE

Who the heck is Bert Harris?

 

There is a new name that many of us have only just started hearing about within the past year, but he has made a big impression leaving everyone to ask, “Who the heck is Bert Harris?” I thought it was high time to find out who and what Bert Harris is and how it affects property owners.

First of all, although surely Bert Harris is or was a real person, what everyone is really referring to is the Bert J. Harris, Jr. Private Property Rights Protection Act of 1995. The Bert Harris Act was presumably created to restore balance to the regulatory process by providing citizens with a mechanism for seeing compensation when government regulations or policy actions inordinately burdened their property rights.

As stated within the wording of the act, “The term inordinate burden means that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable.”

When the act was drafted in 1995 the strongest critics of it were primarily city and county governments that frequently, in passing regulations, impacted the freedom of the use of private property and property values without compensation. We are now seeing the Bert Harris Act being used to sue local governments on Anna Maria and in Manatee County.

On Anna Maria, homeowners and developers are suing over use of their private property specifically as it relates to the Island cities attempting to restrict usage so as not to be attractive as rental property. The city of Anna Maria has a moratorium on permits for homes with more than three bedrooms or rooms that could be used as bedrooms currently in place while it weighs its options.

Manatee County is also doing battle with the developers of Long Bar Pointe, who claim their riparian rights were taken away when the county denied creation of a channel to access their land. Medallion Homes, the developer of Long Bar Pointe, says it is being restricted from building waterfront retail, a hotel and a marina by the county by not giving it a permit for a channel to access these potential facilities. The attorneys for Medallion Homes state that if the use of the bayfront is not restored, their clients should be paid by the county for the full value of that loss.

The growing popularity of Anna Maria Island and the coastal regions of Manatee County have placed both residents and local government in the position of having to face the downside of development. How do you protect the rights of property owners while at the same time protect the lifestyle of individuals and maintain an ecological balance?

No matter what the outcome and no matter how much money is spent on attorneys to litigate the issues, you will never make everyone happy. Living in such a beautiful place is both a blessing and a curse, and, unfortunately, those of us who go back as little as 10 years have seen changes we never dreamed of. At least now we know who Bert Harris is and why we keep reading about him.

Real Estate Transactions
As of August 31, 2014
Sponsored by Alan Galletto Island Real Estate

Sold Date | List Price | Sold Price | Address | Provision | Property Style

Anna Maria

08/13/2014 649,000 589,000 112 Hammock Rd. 2009 85x112 3 Br/2 Ba SFR
08/15/2014 697,500 660,000 208 Lakeview Dr. 1408 75x110 2 Br/2 Ba SFR
08/15/2014 749,000 725,000 519 South Dr. 1582 60x110 3 Br/2 Ba SFR
08/04/2014 895,000 895,000 316 Tarpon St. 2351 4 Br/3 Ba SFR
08/20/2014 1,195,000 1,079,000 218 Archer Way, 2712 4 Br/3.5 Ba SFR
08/06/2014 350,000 350,000 70 North Shore Dr. 836 54x78 2 Br/1 Ba Half Duplex

Bradenton Beach

08/22/2014 199,000 189,000 1801 Gulf Dr. N. # 215 691 1 Br/1 Ba Condo
08/29/2014 379,000 372,000 117 10th St. N. 121 1027 2 Br/2 Ba Condo
08/23/2014 625,000 625,000 2600 Gulf Dr. N. # 24 1195 2 Br/2 Ba Condo
08/29/2014 199,000 189,000 103 Gulf Dr. N. 1200 53x100 Com
08/18/2014 599,000 599,000 2412 Avenue B 2984 50x100 Inc

Cortez

08/06/2014 165,000 155,000 9604 W Cortez Rd. 224 1218 2 Br/2 Ba Condo

Holmes Beach

08/20/2014 549,900 540,000 218 85th St . 1534 90x100 3 Br/2.5 Ba SFR
08/15/2014 595,000 560,000 210 55th St. 2185 131x105,70,118 3 Br/3.5 Ba SFR

Holmes Beach

08/12/2014 599,900 572,000 4005 5th Ave . 1994 3 Br/3 Ba SFR
08/20/2014 599,000 585,000 312 61st St. B 1707 3 Br/2 Ba SFR
08/29/2014 599,000 585,000 628 Foxworth Ln. 2334 100x115 3 Br/2 Ba SFR
08/22/2014 675,000 627,500 518 Bayview Dr. 1250 75x120 2 Br/2 Ba SFR
08/05/2014 699,000 675,000 6201 Holmes Blvd. 1822 101x78 5 Br/3 Ba SFR
08/01/2014 749,000 705,000 214 82nd St. 1536 90x90 3 Br/2 Ba SFR
08/01/2014 873,500 837,500 514 Bayview Dr. 1841 75x120 3 Br/2 Ba SFR
08/12/2014 965,900 900,000 684 Key Royale D 3003 4 Br/3 Ba SFR
08/13/2014 1,249,000 980,000 8407 Marina D 2164 80x125 3 Br/2 Ba SFR
08/22/2014 1,499,900 1,400,000 3007 Avenue F # 1 & 2 2200 4 Br/4 Ba SFR
08/04/2014 232,000 215,000 4307 Gulf D 206 1027 2 Br/2 Ba Condo, Short Sale
08/13/2014 395,000 370,000 6500 Flotilla D 174 1622 3 Br/2 Ba Condo
08/15/2014 418,000 410,000 5200 Gulf D 508 1169 2 Br/2 Ba Condo
08/13/2014 597,000 573,500 244 S Harbor D 2 1330 2 Br/3 Ba Condo
08/07/2014 649,900 650,000 5608 Gulf D 215 1092 2 Br/2 Ba Condo
08/29/2014 1,725,000 1,700,000 7310 Gulf D 5 1952 2 Br/2.5 Ba Condo
08/22/2014 675,000 627,500 518 Bayview D 75x120 Vac
08/01/2014 425,000 395,000 3004 Avenue C 150x10 Vac
08/21/2014 650,000 405,023.85 8101 Palm D 1971 90x115 3 Br/2 Ba Inc, Short Sale
08/04/2014 519,000 493,000 306 65th St 1300 90x105 3 Br/2 Ba Inc
08/08/2014 419,000 380,000 4603 Gulf Dr # A 1334 50x100 4 Br/2 Ba Inc

Source: Manatee County Property Appraiser’s Office


AMISUN ~ The Island's Award-Winning Newspaper