Stop the Beach Renourishment, Inc v. Florida Department of Environmental Protection
August 23, 2009
In this case, the homeowner petitioners owned oceanfront property with private beaches. State and local entities in Florida conducted a beach nourishment project on their properties which involved adding tons of sand at the waterline. As part of this project, the government unilaterally redefined their property lines away from the water and added a 75 foot public beach at the waterline. As a result, they lost all of the littoral property rights which belong to those who own property at the waterline. The homeowners sued arguing that the beach nourishment project involved an unconstitutional taking of property rights without compensation in violation of the Fifth Amendment’s Takings Clause. On August 20, the ACRU filed this brief in the Supreme Court in support of the homeowners.
Read the Brief