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).