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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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