US Supreme Court to hear Fla. beach dispute
Lawyer Blogs
The latest property rights battle before the U.S. Supreme Court started where the Gulf of Mexico laps at the crystalline white beaches of this seaside resort.
The justices will hear oral arguments Wednesday over whether a nearly seven-mile stretch of beach is public or private after the state of Florida poured more sand on the rapidly eroding shores. The new sand dumped in a project that ended in 2007 was designated public property by the state, angering residents who believe their property extends to the water, no matter how much sand is in between.
Six residents claim in a lawsuit they are due undetermined compensation, contending the state's action was a "taking" of their property.
"They have been trying to take our private beaches and make them public for years now," said Linda Cherry, head of the local Save Our Beaches group that supports the landowners. "In this case, they are taking our property without permission and without compensation. If the government can take our property like this, they can take anyone's property."
It's the first major property rights case to come before the high court since Justice Sonia Sotomayor took the bench. Perhaps the most famous and controversial "takings" case came in 2005, when the justices ruled 5-4 that cities had the right to use eminent domain powers to take property for private development.
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