In 2003, Florida officials decided to renourish 6.9 miles of beach in Destin, Florida to repair damage from hurricanes. In the process, the State created a new boundary line between the oceanfront property owners and the public portion of the beach. Although the beaches in Florida have always been public up to the “mean high water line,” this new line, which the state called the “erosion control line,” effectively allowed the State to claim a portion of the beachfront that previously lay above the MHWL.

Property owners fought back, filing a lawsuit that charged the State with illegally seizing property without compensation (municipalities and governmental entities can legally take property through a process known as eminent domain, as long as they can prove it is for the public good, but the owners of the property must be fairly compensated for their property). The case has been in the courts ever since, with the initial Florida appeals court ruling in favor of the property owners eventually being overturned by the Florida Supreme Court.

Now being heard by the U.S. Supreme Court, the case has far-reaching implications for all owners of waterfront property. Throughout the long legal proceedings, Destin property owners have insisted that the beach had not eroded and that the State widened the beach and changed boundary lines to draw more vacationers and increase revenues from tourism.

If the owners prevail, it could have the effect of making it very difficult, if not impossible, for coastal States to conduct beach restoration projects. If the State prevails, renourished beaches previously considered “private” may become much more accessible to the public.

Video credit: kgiannis1389

Article by Barbara Weibel @ Hole In The Donut Travels