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Lee County taxpayers could pay a huge price for past county commissioners who ignored property owners' rights.
Lee County Commission Chairman Brian Hamman told a group of real estate executives recently there are 30 separate lawsuits by property owners against the county for allegedly violating their rights. These so-called “Bert Harris Act” lawsuits mean the county could face as much as $57 million in damages, he says.
The Bert Harris Act was passed in Florida in 1995 to compensate property owners when government regulations and policies infringed on their rights. During the boom, Lee County commissioners were under pressure from anti-growth activists and conservationists to deny property owners' rights when they wanted to build homes and businesses. Hamman didn't single out previous commissioners by name, but he says they voted against the board's legal counsel to deny owners' rights to develop their properties.
As the chairman of the commission, Hamman recently signed a $1.7 million check to settle one of the lawsuits. “That was a very sobering moment,” he says. “At the end of the day in America, you do have property rights,” Hamman says.
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