Beach Access Questions

Signs like these, which have popped up in the panhandle, could soon sprout all over Florida, depending on the outcome of a court battle over who owns beachfront after it has been re-nourished.

“There is a group of beachfront property owners who have declared they own the beach; that the public doesn’t have a right to use it,” retiree and activist Jack Abbit said.

In Florida, the law says the public owns the land on the waterside of the mean high water mark.

Traditionally dry sand belongs to the property owner.

Last year, Florida’s Supreme Court ruled against five homeowners who claimed ownership of everything between their homes and the water.

The court wrote that the constitution says the state has a duty to protect its natural resources and was justified in making the beach wider.

The argument made it all the way to the US Supreme Court on Wednesday.

The Attorney who argued the case says Florida courts got it wrong, the homeowners are entitled to their beach, and the re-nourishment was unnecessary.

“It’s a new 80-foot stretch of dry sand beach that the state created, that it’s entitled too on that dry sand beach,” Ken Safreit, attorney for the homeowners, said. “Commercial vendors can now come set up, that’s what our clients objected to.”

If the property owners win, they will ask to be paid for their land, or for title to the enlarged beach.

Such a decision could affect beach ownership and public access around the state.

During this morning’s hearings, a majority of the justices asked questions about Florida law and appeared to be siding with the homeowners.


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Comments are posted from viewers like you and do not always reflect the views of this station.
  • by gary Location: tallahassee on Dec 3, 2009 at 05:11 AM
    I say the state should comdem all building within 1/4 mile of the coast line and not allow anyone to build on the beach. Let's see how these people that think the beach is their private property likes that. Do away with the state insuring their homes on the beach as well, we all know they will be destroyed, just a matter of time.
  • by native Location: n fla on Dec 3, 2009 at 03:57 AM
    I don`t see how a coastal property owner can claim land "made" by a government agency that is beyond the bounds of his original land survey. The government should STOP wasting money on beach renourishment and if someone wants to build next to the shore and they loose their property from erosion - too bad. Erosion is a natural event of the earth. And I agree with the common belief that any and all shoreline is public property without restriction of public access.
  • by Anonymous on Dec 3, 2009 at 03:21 AM
    don't worry, your president is doing that anyway whether you live on a beach or not. get ready for it. how's that for change?!
  • by Anonymous on Dec 2, 2009 at 05:09 PM
    Raise their taxes to pay for enviromental, fishing, boating resourses and see if they want the beach
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