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Establishing Property Lines as it Relates to Beach Replenisment and Eminent Domain
By William E. McGrath, PLS
On June 17, 2010 the United States Supreme Court handed down a precedent ruling as it relates to the establishment of property lines along littoral properties. The case is known as “Stop The Beach Renourishment, Inc. v. Florida Department of Environmental Protection”. This case is of particular interest to Land Surveyors who are charged with the responsibility of establishing property lines along littoral boundaries.
The Supreme Court case involved beachfront property owners along the Gulf of Mexico in the town of Destin, FL. After the recent hurricanes along the gulf coast, the Florida Department of Environment Protection undertook several beach replenishment projects to add sand to severely eroded beachfront areas. They dredged sand offshore and deposited it along the beachfront adding about 75 feet of beach beyond the mean high water line. Since the State of Florida, in trust for the public, owns everything offshore of the ordinary mean high water line, they concluded that they owned the 75 feet of additional beach. This action in effect, made the upland private property, no longer waterfront property. In addition, it added a 75 foot wide strip of public beach area between the former mean high water line and the new mean high water line. [more]
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