Abstract

The Apparent Effects of Recent Court Decisions on Littoral Boundaries
Track: Education
Authors: Jerry Nave, Tarig Ali

According to the National Oceanic and Atmospheric Administration, there are more than 95,471 miles of coastline in the continental United States. Much of this shoreline is held by private individuals or corporations with rights as littoral owners established by both common and statute law. In June 2010, the United States Supreme Court handed down a decision which, may affect the establishment of littoral boundaries and rights between upland owners and lands held by the various states under the Public Trust Doctrine. In the case of Stop the Beach Renourishment, Inc v. Florida Department of Environmental Protection, the Court departed from what was thought of as a long-established state law protecting the property rights of beachfront landowners. The arguments offered to the U.S. Supreme Court involved the placement of sand and other material by state and federal agencies along beaches seaward of the mean high-water mark. The petitioners claimed that the placement of the sand seaward deprived the owners of their rights to accretion and a water boundary, thus the state court's decision was similar in nature to taking of the owners' property and/or rights, which should require due compensation (Eminent Domain) under the federal and state constitutions. The paper will review the court decision, discuss its effect and the consequent changes in the way surveyors establish property boundaries along littoral shorelines.