The U.S. Supreme Court has granted certiorari in Walton County v. Stop the Beach Renourishment, Inc. This Florida case raises novel questions about coastal erosion due to storm events, the prospect of sea level rise, and the definition of constitutionally protected property rights of beachfront property owners. Lawyers who represent riparian land owners, title agencies, mortgage companies, equity investors, and land use regulators should pay close attention to the arguments before the Court in this case and the eventual decision. So should planners, citizens, and owners interested in the impacts of climate change which include storm surges, hurricanes, and the gradual landward movement of the tide.
The setting for the Walton County case is a five-mile stretch of beach along the Florida panhandle in Walton County that was critically eroded by several hurricanes. Much of the land adjacent to the beach is zoned for a variety of “pro-tourist” uses and is developed as high rise hotels, mid-rise condominiums and commercial properties, and a variety of lower density retail, tourist, and residential uses. Beach-related tourism in Walton County accounts for over $250 million in annual revenue and is a major reason for the government’s commitment to rebuilding beaches when storm surges and hurricanes severely erode them. Some parts of the beach nearly disappeared after hurricane Opal; others were significantly narrowed, affecting the access that the public, including tourists, have to walk up and down the beach, sun bathe, and swim.
