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Friday, June 18, 2010

U.S. Supreme Court Strikes Blow Against Beachfront Property Owners' Rights

The following was e-mailed to me on 6/18/2010 by David Levin, Esq:


"The U.S. Supreme Court has just released its long-awaited decision in a landmark Florida case concerning ownership rights along Florida’s beaches. The decision styled Stop The Beach Renourishment, Inc. v. Florida Department of Environmental Protection upholds a determination by the Florida Supreme Court that when a state authorized beach renourishment project adds sand waterward of privately owned uplands, the newly created beach is publically owned, and the upland property owner is not entitled to damages as a consequence of its loss of some common law riparian rights due to the separation of the upland property from the waters’ edge.

This case could have devastating consequences for private property owners who own property along renourished beaches which are impacted by the Deep Water Horizon oil spill. The damages to beaches that are likely to occur from the spill may not be considered as damages to the upland owner if such damage takes place waterward of the recorded Erosion Control Line. It may be difficult for a private upland property owner to prove a loss of property value due to damages to beach area which the owner no longer owns due to the beach renourishment project.

For a more detailed description of the U.S. Supreme Court’s decision and a link to the written opinion, click on the following link to [David's] website: www.FLwaterfront.com/newsletter.htm"
To reach David:
David Levin, Esq., Icard/Merrill
110 Sullivan Street, Suite 112, Punta Gorda, FL 33950
(941) 833-9244
2033 Main Street, Suite 600, Sarasota, FL 34236
(941) 366-8100
dlevin@icardmerrill.com
http://www.flwaterfront.com/

Kelly Reark, Gasparilla Properties, Inc.

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