Sea Level Rise Adaption & The Bert J. Harris, Jr., Private Property Rights Protection Act
When the Florida Legislature passed the Bert J. Harris, Jr. Private Property Rights Protection Act1 (“the Act” or “Bert Harris Act”) a quarter century ago, very few people realized that seas were rising. With today’s broad awareness of rising sea levels, local governments must also consider when and how responding to a changed future of long-term sea-level rise may lead liability under the Bert Harris Act.
Some changes to the Bert Harris Act over its twenty-five year history have been driven by case law to which the Florida Legislature has responded.2 For example, when a lawsuit threatened widespread