High Court Case May Not Resolve Judicial Taking

Law360, New York (December 2, 2009, 7:31 PM EST) -- Following oral arguments before the U.S. Supreme Court Wednesday, most observers are betting that property owners will not prevail in their appeal of a Florida Supreme Court ruling that found sand added with public funds to a hurricane-ravaged coastline belongs to the state rather than the upland property owners.

On behalf of petitioners Stop the Beach Renourishment Inc., attorney D. Kent Safriet contended that the state court's affirmation of Florida's Beach and Shore Preservation Act strips beachfront property owners of their common law littoral rights to...
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