Bert Harris, Mechanics & Timelines Flashcards Preview

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Flashcards in Bert Harris, Mechanics & Timelines Deck (40)
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1
Q

What are the 3 ways a claim under Bert Harris might initiate after 7/1/21?

A

3 Ways

  1. Written denial of request for development or variance. [3 phases - begin, middle, end]
  2. Enactment and notice. [2 phases - begin, end]
  3. Enactment [1 phase - begin/end].
2
Q

O request denied. State the first 2 steps that are prerequisites for a Bert Harris lawsuit.

A

Way #1 - Request-denied. BEGIN

  1. 180 days denial rendition [exaction] O presents claim w/ valid appraisal.
  2. Gives LG 90 look.
3
Q

Does 1 yr claim deadline start ticking from date of ruling on development order?

A

No. Starts from the date of rendition of the order.

4
Q

What happens during the 90 day look?

A

A. 15 days - LG notifies Dept of Legal Affairs.
B. LG notifies contiguous Os.
C. 90 days - LG must submit 2 writings to O.
(1) Settlement offer. If settle, LG has 15 days to notify Dept. of Legal Affairs.
(2) If don’t settle, LG must issue statement of allowable uses.

5
Q

State the next Harris prerequisite after:
(a) the parties don’t settle &
(b) LG has issued its statement of allowable uses.

A

O has 1 year from statement of allowable uses to file lawsuit.

6
Q

Who sends notice in Way #2 - enactment & notice?

A

LG notices O.

O has 1 yr to file suit.

7
Q

What if LG enacts but doesn’t send notice?

A

Way #3 - Enactment only. ~gets 1/2 the look~

(1) When O ascertains impact is clear & unequivocal, O notifies LG of this via certified mail & email (if avail).
(2) LG has 45 days via certified mail & email (if avail) to describe the limitations imposed by the enactment.
(3) O has 1 yr from receipt to file suit.

8
Q

Is there a deadline for an ‘enact-only’ O to realize the impact & send its notice?

A

No, ‘any time after enactment.’

9
Q

Who sends notice in Way #3 (enact-only)?

A
Way #3 - Enactment only.
-----------
O notices LG.
LG has 45 days to describe limitations.
O has 1 yr from receipt to file suit.
10
Q

In Way #3 (enact-only) must O formally apply for a development request or variance?

A

No. Simply sue 1 yr aft receipt of limitations description.

11
Q

Are these notices deadlines from the dates of notices? Or from dates of receipt?

A

Receipt. Hence the certified mail requirement.

12
Q

What is a second way a Bert Harris suit might initiate?

A

Way #2 - Enact-Notice BEGINNING

  1. LG enacts law or regulation.
  2. LG notifies title O (or registered agent)
13
Q

Does the fact that the enacted law or regulation may be modified under any other process or procedure preclude the impact being clear or unequivocal?

A

No.

14
Q

What is significance of the notice?

A

Impact is clear & unequivocal & restrictive of pre-enactment uses.
O now has 1 yr from receipt to file suit.

15
Q

Who sends notice in Way #2 - enactment & notice?

A

LG notices O.
O has 1 yr to file suit.

16
Q

What is a second way a Bert Harris suit might initiate?

A

Way #2 - Enact-Notice BEGIN

  1. LG enacts law or regulation.
  2. LG notifies title O (or registered agent)
17
Q

Does the fact that the enacted law or regulation may be modified under any other process or procedure preclude the impact being clear or unequivocal?

A

No.

18
Q

What is significance of the notice?

A

Impact is clear & unequivocal & restrictive of pre-enactment uses.
O now has 1 yr from receipt to pursue remedies, i.e. 1 yr to apply for development order or variance.

19
Q

Must O pursue a formal application for development order or variance?

A
Way #2 - Enact-Notice
-----------
Yes.  
Enact-only is specifically excepted from this prerequisite.  
Silent in enact-notice.
20
Q

Who sends notice in Way #2 - enactment & notice?

A

LG notices O
(a) law may impact, (b) O has 1 yr. to pursue remedies.

21
Q

What if LG enacts but doesn’t send notice?

A

Way #3 - Enact-only. BEGIN/END

(1) When O ascertains impact is clear & unequivocal, O sends ‘impact ltr’ to LG of this via certified mail & email (if avail).
(2) LG has 45 days via certified mail & email (if avail) to describe the limitations imposed by the enactment.
(3) O has 1 yr from receipt to file suit.

22
Q

Is there a deadline for an ‘enact-only’ O to realize the impact & send its notice?

A

No, ‘any time after enactment.’

23
Q

Who sends notice in Way #3 (enact-only)?

A
Way #3 - Enact-only.
-----------
O notices LG w/ 'impact ltr.'
LG has 45 days to describe limitations.
O has 1 yr from receipt to file suit.
24
Q

In Way #3 (enact-only) must O formally apply for a development request or variance?

A

No. Simply sue 1 yr aft receipt of limitations description.

25
Q

Are these notices deadlines from the dates of notices? Or from dates of receipt?

A

Receipt. Hence the certified mail requirement.

26
Q

Which way requires LG to make a settlement offer?

A

Request-denied.

27
Q

Which way requires no response by LG?

A

Enacts-notices.

28
Q

When must LG identify uses of a property?

A

3 Ways

1) Request-denied. In the look period, LG must send a “statement of allowable uses.”
2) Enact-only. LG simply enacts & is later contacted by O, LG must send a “limitations description.”

29
Q

What kind of information must LG give O in the case of request-denied?

A

“Statement of allowable uses.”

30
Q

What kind of information must LG give O when a LG enacts-notices?

A

Just the notice. Nothing else.

31
Q

What is contained in LG’s notice to O when LG enacts-notices?

A

3 Ways

1) That O’s property may be impact O’s existing property rights.
2) That O has 1 yr from receipt to file suit.

32
Q

Which ways require O to apply for a development order or variance?

A

3 Ways

1) Request-denied.
2) Enact-notice.

33
Q

Which way has no requirement that O pursue a formal application?

A

Enacts-only. Impact ltr + ‘limitations description.’

34
Q

Is the 1 year tolled while O seeks relief through administrative/judicial proceedings?

A

Yes.

35
Q

What circumstances cannot initiate a Harris claim & are not part of the 3 ways?

A

3 Ways

1) Law enacted on or before 5/11/95.
2) Transportation (a) facilities & (b) eminent domain.

36
Q

What is the cap on Harris recovery.

A

Unlimited. Sovereign immunity waived!

37
Q

Shortcut

A

1 yr from date “applied.” applies to the 2 situations below (notice/enact-only). The above doesn’t mention 1 yr.
It is either 1 yr from date of notice or from date of limitations.
———————————————————————-
Notice — 1 yr. to pursue rts under this section. How pursue rts? – app, den, app, 90 look, sttle, stmt of uses, 1 yr.
——————————————————————
Enact-only. Impact ltr — 45 days, describe limitations — 1 yr. from description of limitations (no need for application)
———————————————————————
So really … memorize core mechanics of 1 & 3

38
Q

Who gets to simply send an impact ltr as a prerequisite to Bert Harris.

A

Enact-Only. ~~I miss this one a lot.~~

39
Q

Who determines amount of compensation?

A

Jury OR Judge*

*new 2021

40
Q

What can NOT be considered when calculating damages?

A

Business damages.