Environmental Law And Stop The Beach Renourishment Essay
1415 Words Sep 14th, 2014 6 Pages
Takings, as it relates to environmental law (excluding endangered species takes), is when a private property owner has been deprived of reasonable use or value of their property due to government regulations placed on the property.
A regulatory taking occurs when private property is regulated into public use. The Fifth Amendment of the United States Constitution says we have to be compensated if our private property is taken for public use. Under this statement, private property owner can lose their property in a couple of ways. One is only for public use; the other is for environmental protection. “When a regulation completely removes any private economic benefit of property, that is a “total taking” and the Constitution requires compensation” (Galperin, 2013)
An example of a legally resolved judicial taking involves the Florida Department of Environmental Protection and Stop the Beach Renourishment, Inc. Beaches along the Gulf of Mexico, in Destin Florida experienced major hurricane erosion in the early 1990s. Permits to the Florida Department of Environmental Protection were applied for to restore 6.9 miles of beach and add about 75 feet of sand toward the mean high-water line. Beachfront owners, who formed Stop the Beach Renourishment, Inc., brought an administrative challenge claiming that the project would eliminated their littoral rights to receive accretions to their beach and to have the water remain in contact with their…