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Walton Beach Case Goes to Supreme Court
11/30/09 - 05:47 PM
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It’s a case that could change public access to beaches nationwide and it all started right here in the panhandle.
   
On Wednesday, the US Supreme Court will hear litigation in the case of stop the beach renourishment versus the Florida Department of Environmental Protection.  It all comes down to this… property owners who filed the suit don’t want beach renourishment because they don’t want beachgoers on their land without compensation.  And if the state adds sand that means beach visitors can access it because renourisment is paid for with tax dollars.

The current debate over public and private beaches started in this area extending from Walton County over to Destin back in 2005.  A group of private landowners sued to stop beach renourishment on their property and the case ended up at the Florida Supreme Court who ruled against the property owners.  Now the case is going before the US Supreme Court.
    Homeowners who are against renourishment say their property deeds extend to the water line.  They pay property taxes on the land and they want their privacy.

According to previous court cases and the Florida DEP, homeowners only own up to where the sand gets wet or the high tide mark line.   

According to the American Shores and Beach Preservation Association the two primary complaints in the current suit are that the erosion control line separates the property owners from the gulf changing their property from gulf front to gulf view and the erosion control line will cause them to lose future sand that would naturally build on the beach.

In the case they are presenting three questions to the US Supreme Court.  All three questions revolve around the V and XIV amendments to the US Constitution and the Florida Supreme Court’s previous decision.  Both amendments say that government “cannot deprive citizens of life, liberty or property without due process”... which is what the landowners claim.
   
Just to give you an idea of the magnitude of this case, there are 25 parties involved.  This includes those representing coastal states nationwide like Hawaii, New Jersey and California.   
   
News 13 will continue to keep you updated on this case.