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Comment: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection

By Jared Policicchio

After five years of relative quiet, federal property law doctrine is once again the site of renewed controversy. Last Term, the Supreme Court unanimously rejected a Fifth Amendment takings claim alleged to have occurred when Florida took ownership of newly submerged land after a county beach renourishment project. Importantly, the decision marked the Court’s entrance into a jurisprudential debate over the existence of judicial takings. In doing so, the Court opened up the possibility of a future decision constitutionalizing judicial takings, an arguably unnecessary addition to Takings Clause jurisprudence and possible detriment to the evolution of environmentally- favorable property law.

Cite as: Jared Policicchio, Comment, Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, 35 Harv. Envtl. L. Rev. 541 (2011).

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