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Stop the Beach Renourishment

Stop the Beach Renourishment. Dwight Merriam Robinson & Cole LLP. 19th Annual Commercial Real Estate Conference. The big case in the U.S. Supreme Court . Why you need to know about it. You will be asked. If you are on the coast, it will affect you.

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Stop the Beach Renourishment

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  1. Stop the Beach Renourishment Dwight Merriam Robinson & Cole LLP 19th Annual Commercial Real Estate Conference

  2. The big case in the U.S. Supreme Court

  3. Why you need to know about it. • You will be asked. • If you are on the coast, it will affect you. • If you are not on the coast but have a river, stream, lake or very large puddle, it will affect you.

  4. In a nutshell • Can the government set a fixed line forever separating public lands from private lands?

  5. A takings case. You know the typical regulatory takings case…

  6. This is a different animal. • It’s a judicial taking…

  7. Stop the Beach Renourishment

  8. Looking east across James Lee Park; note the damage from vehicles:

  9. Looking east at Destiny By The Sea:

  10. Looking west from James Lee Park:

  11. Home showing how storm surge will be pushed up the walkovers because of the berm placement:

  12. Home showing no way to access the beach because of the berm placement:

  13. Between the Townhomes at Crystal Beach and High Surf Motel:

  14. In front of High Surf Motel, where a huge stand of protective sea oats are being killed due to the placement of the berm:

  15. Miami

  16. Vocabulary Building…

  17. Accretion

  18. Main Entry: ac·cre·tion • Pronunciation: \ə-ˈkrē-shən\ • Function: noun • Etymology: Latin accretion-, accretio, from accrescere — more at accrue • Date: 1615 • 1: the process of growth or enlargement by a gradual buildup: as a: increase by external addition or accumulation (as by adhesion of external parts or particles) b: the increase of land by the action of natural forces

  19. Reliction

  20. Wright’s Island, Wethersfield and Glastonbury, Connecticut

  21. Main Entry: re·lic·tion • Pronunciation: \ri-ˈlik-shən\ • Function: noun • Etymology: Latin reliction-, relictio act of leaving behind, from relinquere • Date: circa 1676 • 1: the gradual recession of water leaving land permanently uncovered2: land uncovered by reliction

  22. Erosion

  23. Main Entry: erode Pronunciation: \i-ˈrōd\ Function: verb Inflected Form(s): erod·ed; erod·ing Etymology: Latin erodere to eat away, from e- + rodere to gnaw — more at rodent Date: 1612 transitive verb1: to diminish or destroy by degrees: a: to eat into or away by slow destruction of substance (as by acid, infection, or cancer) b: to wear away by the action of water, wind, or glacial ice <flooding eroded the hillside>c: to cause to deteriorate or disappear as if by eating or wearing away <inflation eroding buying power>2: to produce or form by eroding <glaciers erode U-shaped valleys>intransitive verb: to undergo erosion <where the land has eroded away> — erod·ibil·i·ty\-ˌrō-də-ˈbi-lə-tē\noun — erod·ible also erod·able\-ˈrō-də-bəl\adjective

  24. Avulsion

  25. Hurricane Opal's 8 to 14 foot storm surge damaged hundreds of structures along the Florida Panhandle in October 1995. (Photo courtesy UACE 1995).

  26. Main Entry: avul·sion Pronunciation: \ə-ˈvəl-shən\ Function: noun Date: 1622 : a forcible separation or detachment: as a: a tearing away of a body part accidentally or surgically b: a sudden cutting off of land by flood, currents, or change in course of a body of water; especially: one separating land from one person's property and joining it to another's

  27. Littoral Rights

  28. riparian• \ruh-PAIR-ee-un\    • adjective • : relating to or living or located on the bank of a natural watercourse (as a river) or sometimes of a lake or a tidewater • Example Sentence: • Residents of the riparian community learned to brace themselves for a flood whenever torrential rain was forecast. • Did you know? • "Riparian" came to English from the same source that gave us "river" -- the Latin "riparius," a noun deriving from "ripa," meaning "bank" or "shore." First appearing in English in the 19th century, "riparian" refers to things that exist alongside a river (such as riparian wetlands, habitats, trees, etc.). Some river communities have laws called "riparian rights," referring to the rights of those owning land along a river to have access to the waterway. Note the distinction of this word from "littoral," which usually refers to things that occur along the shore of a sea or ocean.

  29. Justice Sotomayor goes with the government. Florida upheld. Statute can establish a background principle. No taking or a taking that is not compensable. A guess at the outcome.

  30. One last thing…Please read the decisions below.

  31. Florida Supreme Court http://www.fsbpa.com/documents/Supreme%20Court%20Decision%209-29-08.pdf or http://tinyurl.com/yjp89cq Florida Appellate Court http://caselaw.lp.findlaw.com/data2/floridastatecases/app/app1_04_2006/05-4086.pdf or http://tinyurl.com/yfe5ec7

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