Real Estate & Property Law

The Fifth Amendment's Givings Clause?

By Robert Thomas (inversecondemnation.com)

Yesterday's Tom Toles web only sketch from the Washington Post certainly captures one of the arguments made by Florida in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (cert. granted. June 15, 2009, the appeal heard last week by the U.S. Supreme Court.

The argument overlooks the fact that the littoral owners never wanted the "renourishment" and argued it wasn't really necessary, and that in oral argument, most of the Justices indicated that any benefit to the littoral property should be taken into account in determining compensation and not liability. But the sketch brought a smile to our faces, nonetheless.

Full post as published by inversecondemnation on December 05, 2009 (boomark / email).