HGS Lawyers Successfully Defend Constitutionally-Protected Riparian Rights
10/27/2007Florida’s First District Court of Appeal recently issued a decision in the case of Save Our Beaches, Inc., et al. v. Florida Department of Environmental Protection, et al., ruling in favor of beachfront property owners represented by Hopping Green & Sams.
HGS lawyers Richard S. Brightman and D. Kent Safriet, on behalf of beachfront property owners affected by the establishment of an Erosion Control Line (“ECL”), challenged the Department of Environmental Protection’s (“DEP”) issuance of a Joint Coastal Permit and Authorization to Use Sovereign Submerged Lands (“JCP”) for a beach renourishment project.
Pursuant to the Beach and Shore Preservation Act (“Act”), when an ECL is established, any new dry sand beach that is subsequently created seaward of the ECL will be owned by the State. HGS lawyers asserted that the State’s ownership of any new dry sand beach created by the beach renourishment project unreasonably infringed upon constitutionally protected riparian rights, resulting in a taking of those rights for which compensation must be paid.
The DCA agreed, and required the State or the permit applicants to acquire the necessary upland property rights, through eminent domain if necessary.
In addition to invalidating the JCP, the DCA declared the ECL invalid to the extent it showed a boundary different from that shown on the property owners’ deeds.
For any questions concerning this decision and its implications, please contact Richard Brightman or Kent Safriet at (850) 222-7500.
Hopping Green & Sams Is Poised To Represent Clients On Governor Crist's Climate Change Initiatives
Hopping Green & Sams, P.A., was present during Governor Charlie Crist's two-day summit in Miami Florida to focus on the issues and effects of climate change and steps that Florida can take to dramatically reduce the states emissions of greenhouse gas emissions (GHG). The summit was capped by a series of three Executive Orders signed by Governor Crist. These Orders seek to put Florida's state government solidly behind these GHG reduction efforts. A summary of the Summit and the Executive Orders is available here.
These Orders are expected to lead to major legislative and regulatory developments in the near future, including some actions prior to the end of 2007. These Orders are expected to have wide-ranging impacts state-wide. Hopping Green & Sams has a very strong understanding of these initiatives and is well-positioned to represent the interests of regulated industries on these matters.