Friday, August 21, 2009

Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, et al.

Previously discussed here is the Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, et al. (08-1151) case pending before the Supreme Court. Yesterday, GrayRobinson, P.A. filed an amicus brief on behalf of the Coalition for Property Rights ("CPR"). The amicus brief can be found here.
According to Manny Papalas, GrayRobinson attorney and lead counsel for CPR in the case, “We are asking the Supreme Court to clarify that littoral rights can’t be taken and property boundaries modified by the government without notice, a judicial hearing, and payment of full and just compensation. If government is permitted to simply confiscate property from a small minority of citizens - those fortunate enough to own land on the ocean - then the property rights we all cherish can be taken, too.”
See here and here for a writeup from the Property Prof Blog, here for the discussion by UC Berkeley Lecturer in Residence Richard Frank at Legal Planet, and here for a writeup on the Volokh Conspiracy blog. Here, the Pacific Legal Foundation "applauds Supreme Court decision to take importantFlorida property rights case."

See here and below for the briefs from the SCOTUS WIKI page:
Issue: Whether the state’s legislation to restore storm-eroded beaches along the ocean or lakeshores, modifying the private property boundary line, constitutes a judicial taking or violates the due process clause

Opinion below (Supreme Court of Florida)

Merit briefs

1 comments:

John Redell said...

a very similar scenario is playing out here in Chicago with the private beach frontage. Read about it here: stopthelandfill.org

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