Editorial: Bert Harris Act

Threats of lawsuits over Florida's Bert Harris Private Property Rights Protection Act are getting old. Developers' lawyers seem to speak from a script when threatening to sue politicians who would dare heed public comments if that means losing an ounce of value from their land.

We heard the latest threat last week after the usually developer-pliable Collier County Planning Commission defied a Vanderbilt Beach hotel's request to become a 100-foot condominium as per current code and drew the line at 75 feet. The Vanderbilt Inn's request per se was not on the table, but all eyes were on that project -- next to Wiggins Pass State Park -- and its attorney.

The advisers took action after planning staff members dawdled and balked at calls for compromise, including the 54-foot target of neighbors who hired their own consultants.

The county's consultant, the famed Hank Fishkind of Orlando, helped make the case for the status quo. Did the taxpayers need him to explain condo units on upper floors have better views and draw higher prices? Did taxpayers need to fund development's position?

Still, a departure from business-as-usual was made. We'll see how large that step is when the Vanderbilt height limit reaches the elected County Commission. Density will be reviewed as well, as the planning board backed four units per acre instead of the current 16 on part of Vanderbilt Beach.

Though commissioners ought to weigh all factors carefully, one point has to stop being an intimidator. The Bert Harris Act is long overdue for a test. Let the next lawyer's threat trigger it.

© 2003 marconews.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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