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Florida Eminent Domain Blog | Gregory W. Stoner
The Florida Eminent Domain Law Firm, PA
Tuesday, September 29, 2009
Supreme Court Takes Up Destin Beach Conflict
In September, we talked about the legal challenge against the Beach and Shore Preservation Act, and the Supreme Court of Florida's decision in the case. At issue is whether the state legislation that certifies an Erosion Control Line between public and private land violates the right to full or just compensation guaranteed in the Florida Constitution and the US Bill of Rights. In June, the Supreme Court of the United States decided to take up the case to decide whether the Beach and Shore Preservation Act violates constitutional property rights.
According to property owners, the establishment of a fixed Erosion Control Line deprives them of their littoral right to accretion and reliction. The right to accretion guarantees that if new land is added to a beachfront property by the action of the sea, that land becomes the property of the landowner, whereas reliction says that if land is lost, that loss is suffered by the landowner. It is important to note that only land above the mean high water level is affected, because land below the high water level is public or "sovereign" lands in Florida. The Supreme Court of Florida decided that the Erosion Control Line did not violate this right because of the doctrine of avulsion, which states that during catastrophic changes to the shore line the line between public and private property remains fixed.
When the Supreme Court makes a decision, it may dramatically change the rights of beachfront property owners. Whatever the Court decides, the lawyers at the Florida Property Rights Law Firm, P.A. will continue to fight for your rights. If you believe the government is violating your property rights, please schedule a free consultation to learn how we can help.
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