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					 Stop the Beach Renourishment




19th Annual Commercial Real Estate Conference
                   Dwight Merriam
                 Robinson & Cole LLP
The big case in the
U.S. Supreme Court
Why you need to know about it.
1. You will be asked.
2. If you are on the coast, it will affect you.
3. If you are not on the coast but have a
   river, stream, lake or very large puddle, it
   will affect you.
              In a nutshell


• Can the government set a fixed line
  forever separating public lands from
  private lands?
         A takings case.
You know the typical regulatory takings
case…
     This is a different animal.
• It’s a judicial taking…
Stop the Beach Renourishment
Looking east across James Lee Park; note the damage from vehicles:
Looking east at Destiny By The Sea:
Looking west from James Lee Park:
Home showing how storm surge will be pushed up the walkovers
because of the berm placement:
Home showing no way to access the beach because of the berm placement:
Between the Townhomes at Crystal Beach and High Surf Motel:
In front of High Surf Motel, where a huge stand of protective sea oats
 are being killed due to the placement of the berm:
Miami
Vocabulary Building…
Accretion
• 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
Reliction
Wright’s Island, Wethersfield and Glastonbury, Connecticut
• 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 uncovered
  2 : land uncovered by reliction
Erosion
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 verb 1 : 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
Avulsion
Hurricane Opal's 8 to 14 foot storm surge damaged hundreds of
structures along the Florida Panhandle in October 1995. (Photo courtesy
UACE 1995).
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
Littoral Rights
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.
A guess at the outcome.
            • Justice Sotomayor
              goes with the
              government.
            • Florida upheld.
            • Statute can establish
              a background
              principle.
            • No taking or a taking
              that is not
              compensable.
        One last thing…

Please read the decisions below.
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/floridast
  atecases/app/app1_04_2006/05-4086.pdf
or http://tinyurl.com/yfe5ec7

				
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