Individual Property Takings: Stop the Beach Renourishment v. Florida Department of Environmental Protection - Podcast
Environmental Law Practice Group
August 5, 2010Thomas W. Merrill, D. Kent Safriet, James S. Burling
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In Stop the Beach Renourishment, the U.S. Supreme Court unanimously held that the Florida Supreme Court did not commit a "judicial taking" in violation of the Fifth and Fourteenth Amendments, because its ruling was consistent with Florida's previously established property law, and that additions of sand to beachfront property did not, under traditional understandings of Florida law, belong to the beachfront homeowners.
In light of the decision, what would constitute a "judicial taking"? Since none of the Justices rejected the doctrine of "judicial takings," will future cases involve a combination of Takings and Due Process violations? How may this decision affect property rights for landowners? The speakers discuss these and other issues.
- Prof. Thomas W. Merrill, Columbia Law School
- Mr. D. Kent Safriet, Hopping Green & Sams
- Moderator: Mr. James S. Burling, Pacific Legal Foundation