wmbb.com - Supreme Court Hears Walton County and Destin Case
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Supreme Court Hears Walton County and Destin Case
12/02/09 - 03:21 PM
WMBB News Department
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click for larger image Tallahassee, Fla:

WASHINGTON (AP) - It’s a case that could have big implications for coastal communities around the country that are dealing with beach erosion.

The Supreme Court heard arguments today over whether homeowners in Florida must be compensated because a beach-widening project cost them their exclusive access to the Gulf of Mexico.

Six homeowners are challenging a state Supreme Court decision that allowed the designation of the new sand as public property, in an area where the homeowners had previously had exclusive access.

The Constitution requires governments to pay compensation when they take private property for public use. The court is being asked to rule for the first time that a court decision can amount to a taking of property.

But justices today appeared divided about whether the homeowners actually lost anything.

Justice Antonin Scalia noted that people “pay a lot more money for beachfront homes”—but he also said the homeowners received what sounded like a good deal when the sand was replaced.

Chief Justice John Roberts and Justice Samuel Alito appeared to favor the homeowners.

(Copyright 2009 by The Associated Press.  All Rights Reserved.)

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