Comments on: Beach Battle Reaches U.S. Supreme Court http://www.southoldvoice.com/2010/05/beach-battle-reaches-u-s-supreme-court/ Thu, 20 Oct 2011 17:40:44 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Dave Bergen http://www.southoldvoice.com/2010/05/beach-battle-reaches-u-s-supreme-court/comment-page-1/#comment-259 Dave Bergen Wed, 23 Jun 2010 18:40:08 +0000 http://www.southoldvoice.com/?p=2590#comment-259 The case of Stop the Beach Renourishment, Inc v. Florida Dept of Enviromental Protection was decided by the US Supreme Court on June 17. The court affirmed the lower court decision that the littoral property owners did not own the land. In this case, there was a distinction made between land gained through accretion and land gained through avulsion. Accretion is land gained slowly over time due to natural littoral drift. A littoral property owner automatically takes title to dry land added to their property by accretion. Avulsion is the sudden addition of land. Here the cities applied to have material placed on the beaches to replenish beaches which had been lost as a result of storms. The property owners attemted to lay claim to this new beach as their property. The State Supreme Court denied the property owners claimed, so they filed suit under the Fifth and Fourteenth Amendments. Ths US Supreme Court affirmed the State Supreme Court decision. Please understand that I am not an attorney so this is my own interpretaion of a 44 page decision. Dave The case of Stop the Beach Renourishment, Inc v. Florida Dept of Enviromental Protection was decided by the US Supreme Court on June 17. The court affirmed the lower court decision that the littoral property owners did not own the land. In this case, there was a distinction made between land gained through accretion and land gained through avulsion. Accretion is land gained slowly over time due to natural littoral drift. A littoral property owner automatically takes title to dry land added to their property by accretion. Avulsion is the sudden addition of land. Here the cities applied to have material placed on the beaches to replenish beaches which had been lost as a result of storms. The property owners attemted to lay claim to this new beach as their property. The State Supreme Court denied the property owners claimed, so they filed suit under the Fifth and Fourteenth Amendments. Ths US Supreme Court affirmed the State Supreme Court decision.
Please understand that I am not an attorney so this is my own interpretaion of a 44 page decision.
Dave

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