How Scary is Stop the Beach Renourishment?
5 Pages Posted: 18 Feb 2011
Date Written: September 1, 2010
This article reviews Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envt’l Protection where four Justices announced a judicial decision could, under the right circumstances, by itself constitute a taking of a litigant’s property, and applies that rule to existing California Supreme Court cases on 1) the implied warranty of habitability, 2) running covenants, 3) common enemy surface water, 4) public beach access, and 5) deeds of trust and the one-action rule.
Keywords: Takings, property right, regulatory taking, implied warranty of habitability, running covenants, common enemy surface water, public beach access,) deeds of trust, the one-action rule
JEL Classification: K11
Suggested Citation: Suggested Citation