How Scary is Stop the Beach Renourishment?

5 Pages Posted: 18 Feb 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

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

Bernhardt, Roger, How Scary is Stop the Beach Renourishment? (September 1, 2010). Available at SSRN: or

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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