Was Court Decision on Beachfront Rights a Taking? High Court to Decide
The U.S. Supreme Court is set to decide whether a court decision, rather than an executive or legislative decision, can create an unconstitutional taking of private property.
The case before the Supreme Court involves property owners who object to a beach renourishment program, the Washington Post reports. The government is pumping in coastline sand that becomes public property, restricting the property owners’ private access to the Gulf of Mexico.
The Florida Supreme Court ruled against the property owners, who now claim that the ruling overturning common law violated their Fifth Amendment rights. Widener University law professor D. Benjamin Barros told the Post that the issue of judicial takings is “one of the great open questions” in property law.
The case is Stop the Beach Renourishment Inc. v. Florida Department of Environmental Protection.
Related coverage:
ABA Journal: “Up Against the Seawall”
