'Judicial Takings' Still Unresolved By High Court Ruling
Law360 (June 17, 2010, 10:12 AM EDT) -- In finding that Florida can claim sand added with public funds to hurricane-ravaged beaches as state property, the U.S. Supreme Court on Thursday shot down a citizens group petition contending upland property owners were being illegally stripped of their littoral rights to accretion without compensation, but left unresolved the wider issue of judicial takings.
The court affirmed a decision by the Florida Supreme Court determining that Florida's Beach and Shore Preservation Act, which established procedures for depositing sand on the submerged seabed of eroded beaches and maintaining the new land as public property, does not describe an illegal taking because the...
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