Real Estate & Property Law

Another Podcast On The Judicial Takings Case (Stop The Beach Renourishment v. Florida)

By Robert Thomas (inversecondemnation.com)

You may have missed the live program, but it's still not too late to get the podcast of a recent discussion of Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (June 17, 2010), the Supreme Court case about judicial takings and beachfront property. Here's the course description from ALI-ABA:

In an unusual takings case, Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, the Florida Supreme Court relied on state real property law to conclude that the objecting beachfront property owners lacked a valid property right, and thus the state could "renourish" the beaches. The beachfront owners appealed to the U.S. Supreme Court, asking it to recognize a new doctrine of judicial takings.

On June 17, 2010, the Supreme Court issued its opinion, which may be a partial victory for property-rights advocates. Chief Justice Roberts, and Justices Scalia, Thomas, and Alito all endorsed the idea that the Takings Clause applies to all three branches of government. But the case leaves significant questions about the broader concept of judicial takings. These questions are either unanswered or under-analyzed, and there does not appear to be a consensus about how to go forward.

Join our panel of experts as they explore the questions arising from the decision. Registrants will have the opportunity to submit questions to the faculty prior to and during the program.

James Burling (Pacific Legal Foundation), Richard Frank (U.C. Davis), and Steven Eagle (George Mason) were on the panel.

Note: at the ABA Annual Meeting in August in San Francisco, we put on a live program which included Mr. Burling and Professor Frank (in addition to Professor John Echeverria and Dan Stengle, Esq., counsel for the petitioners). We are in the process of repeating the session in a teleconference. Stay tuned for more about that.

Full post as published by inversecondemnation on September 04, 2010 (boomark / email).