Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection
- The Florida Supreme Court invoked “nonexistent rules of state substantive law" to reverse 100 years of uniform holdings that littoral rights are constitutionally protected. In doing so, did the Florida Court's decision cause a "judicial taking" proscribed by the Fifth and Fourteenth Amendments to the United States Constitution?
The Florida Supreme Court denied the claims of private property owners' challenge to the legislation as a takings that should require just compensation. The Pacific Legal Foundation filed an amicus brief in support of the petition, which the U.S. Supreme Court granted.
Ben Barros observed on the PropertyProf Blog:
- This case gives the Court the opportunity to answer one of the great open questions in takings law: when, if ever, can a judicial decision constitute a taking of private property in violation of the Fifth Amendment’s Just Compensation Clause?