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December 4th, 2009

Supreme Court hears arguments in Florida beach property case

Rarely does the U.S. Supreme Court hear arguments related to the property rights of beach property owners, but such a case is now pending before the Court. At issue is whether a ruling by the Florida Supreme Court had determined that the essential right for waterfront property owners was access to the water, not physical contact with it:

“The position prompted a response from Justice Antonin Scalia. “It would be very strange to have a principle that all a littoral owner gets is a right to access the water, not a right to be on the water,” he said.

The question in the Florida case arose during a 2003 state project aimed at pumping thousands of tons of new sand onto an eroded beach on Florida’s Panhandle. Under a beach-restoration law, officials announced, the new sand would become state-owned land.

While some beachfront property owners hard hit by storms welcomed the restoration project, others opposed it, saying they were well protected behind an existing 200-foot-wide beach.”

This case could have implications for all waterfront landowners, including those in the Ocean City Maryland area.  The full article is at–

http://www.csmonitor.com/2009/1203/p02s01-usju.html

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