Stop the Beach Renourishment v. Florida Department of Environmental Protection


U.S. Supreme Court

NAHB Involvement


Beachfront property owners challenged a Supreme Court of Florida decision that upheld a state statute which allowed the state to mitigate beach erosion. The property owners argued that the court's decision resulted in a "judicial taking" because it eliminated 100 years of Florida common law that gave beachfront property owners the right to access the water.

The property owners were granted certiorari to the U.S. Supreme Court, and NAHB agreed to submit an amicus brief in support of the property owners. NAHB's brief focuses on the applicability of the Takings Clause to all branches of government, including decisions by state courts.

On Aug. 20, 2009, NAHB filed its amicus brief in support of the petitioner. In June 2010, the Court ruled that a taking did not occur in this case and it split four to four on whether a judicial taking can exist – leaving that question for another day. NAHB participation in this case is now complete.