July 12, 2010
On June 17, 2010, the Supreme Court announced its decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection. The question in this case was whether the Florida Supreme Court redefined littoral property owners' rights in such a fashion as to commit a "judicial taking" in violation of the Fifth and Fourteenth Amendments.
In an opinion delivered by Justice Scalia, the Court held that the Florida Supreme Court did not take property without just compensation in violation of the Fifth and Fourteenth Amendments because its ruling was consistent with Florida's previously established property law. In addition, Justice Scalia, along with three other justices, maintained that if a court declares that what was once an established right of private property no longer exists, then that court has taken that property in violation of the Takings Clause.
To discuss the case, we have the Pacific Legal Foundation's Director of Litigation, James S. Burling.