High Court To Hear Beach Property Rights Dispute

[The Straight Story]

High Court To Hear Beach Property Rights Dispute

DESTIN, Fla. -- 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."

http://www.clickorlando.com/news/21761479/detail.html

[virgogal]

1. All beaches should be public as they are in Hawaii.

[Quantess]

2. I don't remember that to be true, at least, not in Maui.

Oregon beaches are all public, though.

[virgogal]

5. Yep,the entire state,even Maui.

http://gohawaii.about.com/od/hawaiivacationplanner/a/hawaii_activities.htm

[Quantess]

6. Well, that's good. That's as it should be.

[WatchWhatISay]

3. Fine, let it remain their private property. . .

Just don't sell them National flood insurance that we all subsidize (rich peoples welfare) to replace their homes that are built in natures path every time a hurricane comes through there.

[unabelladonna]

9. it's public

or should be. if there's flooding don't we send in fema or the army corps of engineers? what happens if the wealthy buy up every waterfront parcel? it could happen if the gov't begins to sell off property to raise money.

[flvegan]

4. This is actually a very interesting case (at least to me).

Me = title geek.

[ixion]

7. I agree

common knowledge down here is that beachfront property goes all the way to the water line, wherever that may be. On the other hand, the community at large has an interest in preserving the beachheads that protect it.

At the very least, it seems like the property owners should have to cover the cost of protection.

[tsuki]

8. I have watched millions of tax dollars used to protect the property of

rich owners. If they had paid for the sand, maybe I would agree. Now, I do not. But these are Florida judges, I can guess at their ruling.