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Stop the Beach Renourishment v. Florida Department of Environmental Protection

Docket No. Op. Below Argument Opinion Vote Author Term
08-1151 Supreme Court of Florida - Dec 2, 2009
Jun 17, 2010 8-0 Scalia OT 2009

Holding: Florida's beach restoration program deposits sand on eroded beaches, effectively creating new land at the water's edge. A state court held that the state owns the newly created strip of land at the water's edge, not the individuals who own the land abutting the new newly created beach area. The Supreme Court held that this ruling did not effectively take the landowners property without just compensation because it was consistent with pre-existing state property law.

Judgment: Affirmed, 8-0, in an opinion by Justice Antonin Scalia on June 17, 2010. Justice Kennedy wrote separately, concurring in part and in the judgment, joined by Justice Sotomayor; Justice Breyer concurred in part and in the judgment, joined by Justice Ginsburg. Justice Stevens took no part.

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