Wednesday, November 25, 2009

Updates on the Dec 2nd Supreme Court Case

Landowners on Florida beaches fighting to be sand owners, too
Supreme Court to examine 'taking' of private property
By Robert Barnes Washington Post Staff Writer Tuesday, November 24, 2009

, FLA. -- The sugar-white sand that stretches from Slade and Nancy Lindsay's deck to the clear, green waters of the Gulf of Mexico is some of the finest in the world. Tiny, uniformly shaped quartz crystals make the beach that stretches along the Florida Panhandle unique, experts say. So what could be wrong with creating more of it?

That is what Florida's beach restoration and renourishment program has been doing statewide for years, pumping in wide new strips of sand to save eroding shorelines.

But the Lindsays and other homeowners challenged the program because it comes with a catch: The new strips of beach belong to the public, not the property owners. They feared their waterfront view of bleached sand and sea oats would include throngs of strangers toting umbrellas and coolers…Read More

Current List of Court Documents

Merits Briefs
Brief for Petitioners (property owners)
Brief for Respondents, Florida Department of Environmental Protection & Board of Trustees of the Internal Improvement Trust Fund
Brief for Respondents Walton County and City of Destin
Property owners' reply brief (to be posted when filed)

Amicus Briefs (supporting property owners)
Owners' Counsel of America
Cato Institute and Pacific Legal Foundation
Citizens for Constitutional Property Rights Legal Foundation, Inc.
American Civil Rights Union
New Jersey Land Title Association
Eagle Forum Education & Legal Defense Fund
Oregonians in Action Legal Center
Save Our Beaches and the Southwestern Legal Foundation
New England Legal Foundation
Save Our Shoreline
Coalition for Property Rights, Inc.
The Center for Constitutional Jurisprudence
National Association of Home Builders and the Florida Home Builders Association

Amicus Briefs (supporting the government)
Amicus brief of Brevard County, Florida
Amicus brief of the United States
Amicus brief of the American Planning Association
Amicus brief of the National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, and International Municipal Lawyers Association
Amicus brief of Coastal States Organization
Amicus brief of The Florida Shore and Beach Preservation Association
Amicus brief of the Surfrider Foundation
Amicus brief of 26 States

Friday, November 13, 2009

Sarasota County Pursues Beach Access Ordinance Dec 9th

"No Trespassing" signs and other attempts to discourage the public from crossing or laying out on a particular stretch of sand would be more heavily regulated under a new law that goes before the public.

While signs and barricades apparently aimed at turning the public away from certain sections of the beach have been a sporadic problem on Siesta Key, county commissioners are considering the law because of fears the practice will spread.
Because beachfront property owners often own the sand seaward of the vegetation line, this proposal is stirring opposition from some who do not like the county banning signs on private property. The proposed law would ban signs, barricades and other impediments seaward of either the vegetation line or of any shore protection structure like a rock revetment. Property owners would still be able to put "No Trespassing" signs up, but they would have to be on top of a sea wall or landward of the vegetation line.

The proposal is scheduled for a public hearing before county commissioners on Dec. 9.

Click here to read the proposed Ordinance

Click here to read more County FAQs.