US supreme court rules against Florida property owners claim for loss of beach access

The US Supreme Court rejected the arguments of a group of home owners that Florida’s beach restoration project had deprived them of access to the sea and that they should be compensated.
 
The justices unanimously upheld a previous Florida Supreme Court ruling that backed the state’s programme to bring in sand to save miles of eroding shorelines without paying the homeowners who lose exclusive access to the water.
 
Beach restoration has become a major issue in Florida after several hurricanes and other storms caused severe erosion. The case has been closely watched by property rights advocates, environmentalists and state officials.
 
The home owners in Florida’s claimed that the widening of up to 75 feet of sand gave the state ownership of that part of the beach and limited their access. But the judges decided that the state has a duty to protect the beaches state law allows them to do so without compensating property owners in some cases.
 
The Obama administration and more than half the nation’s 50 states had supported Florida and urged the court to reject the homeowner's legal challenge. Justice Antonin Scalia said past cases have held that the state has the right to fill in submerged land.
 
‘It cannot be said, therefore, that the Florida Supreme Court’s decision deprived the homeowners of an established property right,’ Scalia said in summarizing the ruling.
 
One judge, Justice John Paul Stevens, was unable to take part in the ruling as he owns property in a beachfront building in Fort Lauderdale, Florida.
 
Michael Sole, secretary of the Florida Department of Environmental Protection, welcomed the decision. ‘Florida’s Beaches and Shore Preservation Act implements the state’s constitutional duty to protect Florida’s beaches and achieves a reasonable balance between public and private interests in the shore,’ he said.
   
‘This decision affirms the Florida Supreme Court’s conclusion that Florida Department of Environmental Protection implementation of the erosion control programme and beach nourishment provides a significant level of storm protection benefits for upland properties and infrastructure, restores the recreational beach, and achieves a reasonable balance of public and private interest in the shore,’ Sole added.
 
American Shores and Beach Preservation Association president Harry Simmons said the decision has implications for all coastal communities nationwide. ‘ASBPA is dedicated to the efforts of our members in Florida and elsewhere who are working hard to maintain, protect and enhance the coasts of America. We believe the state of Florida was correct in its approach to restoring beaches, and are very happy that the high court agrees,’ he said.