Paradise Lost: Lawful Beach Upgrade or State Land Grab?

Dec. 2, 2009— -- Nestled along the pristine white beaches of the Florida Panhandle town of Destin is the home of Nancy and Slade Lindsay, who said that when they bought their property 12 years ago, they fulfilled a lifelong dream to own a private beach.

But now the Lindsays say the state of Florida has dashed that dream by illegally taking their beachfront property and allowing the public to use it without any proper compensation.

"They are literally taking our property," Lindsay said. "Changing our deeds, changing our property boundaries, no compensation and no tax breaks."

The controversy arose when Walton County officials -- citing dangerous beach erosion -- stepped in to renourish beaches along a 6.9 mile stretch using taxpayer money. Florida's Beach and Shore Preservation Act authorizes publicly funded beach restoration projects to protect critically eroded beaches.

The multimillion dollar project added new sand, reshaped dunes and in some areas substantially increased the size of the beach. But the improvements, according to Florida law, also made that "new" strip of beach behind the Lindsay's home public property.

The Lindsays and four other residents along the sandy stretch filed a lawsuit to challenge Florida's actions, yet in the end the state's highest court ruled in favor of Florida.

The homeowners then decided to take their case to the U.S. Supreme Court, arguing that the Florida Supreme Court decision had unconstitutionally deprived them of their property. In legalese the homeowners said that the state court decision constituted a "judicial taking" of their property, which the U.S. Constitution prohibits.

Today, the Supreme Court will hear arguments in the case.

In court briefs, lawyers for the homeowners wrote "the Florida Supreme Court suddenly and dramatically changed 100 years of state property law to achieve its desired outcome."

Lawyers for the state of Florida argue that the case should not be before the Supreme Court at all, that it is a matter better left to state courts.

"This case involves a state court deciding an issue of state law that raises no issue of state, regional or national importance that justifies this court's review."