A Doctrine in Need of Renourishment

Abstract

As the old real estate adage goes: “First, trade up; then get to the water.” In Stop the Beach Renourishment, the adjoining beachfront property owners obviously thought they had successfully followed this adage, achieving their littoral rights to “touch” the ocean. Their sense of fulfillment has now been tempered by the U.S. Supreme Court’s opinion affirming that the Florida Supreme Court’s decision upholding the state’s Beach and Shore Preservation Act did not itself effect a taking of Petitioner members’ littoral rights in violation of the Fifth and 14th Amendments.