This is not necessarily new news; from the
Pacific Legal Foundation:"
The Fifth Amendment Applies to Beachfront Land, Too
Walton County v. Save Our Beaches, Inc.
Contact: Steven G. Gieseler
Status: Amicus brief filed in December, 2006.
Under Florida law, waterfront landowners? title extends to the ordinary high water mark and includes several rights such as access and view of the water, title to accretions, and the right to have the property remain in contact with the water. These rights are protected property rights under Florida case law. The State?s beach erosion control law seeks to upset this scheme, however. Beaches that are designated as ?critically eroded? (and there are no standards for that designation) qualify for replenishment under the erosion control law. Once included in the program, the ordinary high water mark is fixed, and any future accretions will belong to the state. Access to the water is cut off by the newly created public land and the right to have the property remain in contact with the water is lost.
The City of Destin and Walton County, Florida, filed an application for a beach restoration project under this law. This application was challenged by two property owner groups (Save Our Beaches, Inc. and Stop the Beach Renourishment, Inc.) who argued that the beach erosion control law effects a taking of property without compensation. The property owners prevailed in their challenge before the Court of Appeal and the Florida Supreme Court granted review.
In support of the property owners, PLF argues the following facts and principles:
The procedures for establishment of the erosion control line are not sufficient to ensure the due process rights of the private upland property owners who may lose their property and riparian rights. Furthermore, the establishment of the erosion control line results in an uncompensated taking of private property and riparian rights.
.[1] Sea level was rising about 25 cm per 100 years and had slowed down to about 4 cm per 100 years.[2] While the shoreline was about 100 miles out 10,000 years ago, in South Walton it was probably only about 40 miles out partially due to the high elevation of the area.[3] Walton County has the highest elevation in Florida, 345 feet above sea level. It is the lowest high in America.[4] Land and shore erosion might be slowed down some if greedy and reckless real estate speculators would quit clear cutting lots. Saw palmettos can live 400 - 700 years [5] and their ancient roots help hold the soil.
