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Constitutional Law Keyed to Choper
Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection
Citation:
560 U.S. 702 (2010)Facts
In Florida, private ownership of beachfront property extends to the mean high-water line, while the State owns the land permanently submerged beneath navigable waters and the foreshore. Littoral owners have special rights, including the right to access the water, use the water, have an unobstructed view, and receive accretions to their property. Under Florida’s Beach and Shore Preservation Act, when a beach restoration project is undertaken, the State establishes a fixed “erosion-control line” that replaces the fluctuating mean high-water line as the boundary between private and state property. After the erosion-control line is recorded, the common law right to accretions no longer applies. In 2003, the city of Destin and Walton County applied for permits to restore 6.9 miles of hurricane-eroded beaches by depositing sand on submerged state land, adding about 75 feet of dry sand seaward of the mean high-water line. The Members, through Stop the Beach Renourishment, Inc., challenged the project, arguing it would eliminate their rights to receive future accretions and to have their properties maintain direct contact with the water.
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