January 25th, 2012 — By Mark M. Murakami — In Articles
Motion for Leave to File Brief Amicus Curiae in Support of Petitioner and Brief Amicus Curiae of Owners Counsel of America in Support of Petitioner, Stop the Beach Renourishment v. Florida Department of Environmental Protection, No. 08-11 (June 17, 2010), Robert H. Thomas (Hawaii), Counsel of Record.
In this case, the U.S. Supreme Court considered whether a 2008 Florida Supreme Court decision upholding the Florida Beach and Shore Preservation Act which reversed a century of Florida law was a “judicial taking.” The Court found that the Florida court’s decision neither violated the Fifth Amendment’s due process guarantee nor consituted a taking of private property. The Owners’ Counsel of America’s brief in support of the property owners argues that “property” embodies core components transcending a state court’s power to redefine. The rule of accretion, which insures that littoral parcels remain so, is one of those fundamental components.