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Friday, June 18, 2010

U. S. Supreme Court Sides With Florida In "Takings Clause" Case Brought By Beach Front Owners.

The Supreme Court rejected a property-rights claim from some disgruntled owners of beach front in Florida Thursday, upholding instead the state's authority to pump new new sand onto an eroded shore line without paying compensation.

This extra sand became a new strip of public beach. That in turn prompted a group of property owners along Florida's East Coast to sue, contending the state had taken away their rights to a private beach. What was once ocean-front property had become ocean-view property, they said, demanding compensation for their loss.

In something of surprise, all the justices ruled for the state Thursday, and concluded that under Florida law, the state owns the sand it has added to the beaches.

The case is STOP THE BEACH RENOURISHMENT, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ET AL, No. 08–1151. Read about it here.

In December, when the case came before the court, several of its conservatives said they were inclined to protect the private property rights of the owners. In the end, however, they concluded the state law trumped these claims.

The ruling was a victory for environmentalists and state officials, and a disappointment for those who believed the Roberts Court would move quickly to strengthen property rights. But because the ruling turned on how Florida law treats beach property, it is unlikely to have a direct impact on other coastal states.

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