Real Estate & Property Law

October 20, 2010: ABA Teleconference On Judicial Takings And The Stop The Beach Renourishment Case

By Robert Thomas (inversecondemnation.com)

Mark your calendars: as a follow up to the panel discussion of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, 130 S. Ct. 2592 (2010) at the ABA Annual Meeting in San Francisco in August, the ABA Section of Real Property, Trust and Estate Law is sponsoring (along with the Section on State & Local Government Law) a teleconference on the case and the issue of "judicial takings."

In "Is There Such a Thing as a Judicial Taking? The Lessons of the Supreme Court's Ruling in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection," I will be moderating a panel of legal experts to discuss the case, and more importantly, where we might go from here. Here's a description of the program:

This program will discuss the 2010 United States Supreme Court decision in Stop the Beach Renourishment v. Florida Dept. of Environmental Protection, et al. In this matter, the Florida Supreme Court was accused of invoking "nonexistent rules of state substantive law" to reverse 100 years of uniform holdings that littoral rights are constitutionally protected - while the Supreme Court unanimously rejected this argument, what questions remain open for debate as a result of the decision?

• Can a state Supreme Court cause a "judicial taking" proscribed by the U.S. Constitution?
• Is a property owner entitled to due process before a state court materially changes its common law of property?
• Are there constitutional limits on a state's authority to restore storm eroded beaches?

During this panel the participants will discuss the questions presented, how the US Supreme Court dealt with these issues, and how this case affects landowners all over the country and other case law.

On the panel are James Burling (Pacific Legal Foundation), John Echeverria (Vermont Law School), Richard Frank, University of California, Davis Law School), and Dan Stengle, (Hopping Green & Sams, Petitioner's counsel).

Registration information and pricing is available here (substantial discounts for Section members, and it is free for law students (webcast only).

Full post as published by inversecondemnation on October 14, 2010 (boomark / email).