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Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection | 560 U.S. 702 (2010)

The Takings Clause of the Fifth Amendment protects against the government taking private property for public use without just compensation. In Stop the Beach Renourishment versus Florida Department of Environmental Protection, the court considered whether there’d been an unconstitutional taking from a group of beachfront-property owners.

A Florida statute allowed local governments to apply to the state Department of Environmental Protection for permits to restore eroded beaches. In 2003, the city of Destin and Walton County, Florida applied for permits to restore almost seven miles of beaches. The project would add dry sand to the ocean side of the average high-tide line, which was the boundary between state land and land owned by private beachfront-property owners, called littoral owners.

A group of littoral owners formed a nonprofit called Stop the Beach Renourishment to challenge the project. In Florida, littoral owners have special property rights, including the right to access the water and the right to receive accretions, or gradual additions of sand and other materials, to their property. Stop the Beach claimed that the project would impair their right to accretions, because after new sand was added to the beach, any accretions would occur beyond the high-tide boundary line and would belong to the state instead of the littoral owners.

The department approved the permits, and Stop the Beach appealed the decision. A state appellate court held that the department’s order deprived littoral owners of their rights to accretions and to have their property touch the water. The court said this seemed like an unconstitutional taking and certified the question to the Florida Supreme Court. But the supreme court said there wasn’t a taking, because the littoral owners didn’t have the right to have their property touch the water, and the right to accretions wasn’t a vested property right. Stop the Beach petitioned for rehearing, claiming that the court’s decision was itself a taking. The court denied rehearing, and the United States Supreme Court granted cert.

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