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Beach Law Cleanup: How Sea-Level Rise Has Eroded The Ambulatory Boundaries Legal Framework, Alyson C. Flournoy
Beach Law Cleanup: How Sea-Level Rise Has Eroded The Ambulatory Boundaries Legal Framework, Alyson C. Flournoy
UF Law Faculty Publications
As the sea level rises, the boundaries between privately owned coastal property and sovereign submerged lands held in public trust are becoming increasingly contested. The common law doctrines that determine these boundaries under conditions of change—primarily accretion, erosion, reliction, and avulsion—have important implications for all those involved in adaptation planning along our coasts. This includes private owners of coastal property, local government officials seeking to develop and implement adaptation strategies, beachgoers seeking to use shrinking beaches, beach-tourism-dependent businesses, and courts facing cases involving boundary disputes at the water’s moving edge. This paper raises the questions of whether and how the …
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
UF Law Faculty Publications
While the costs of some Sea-Level Rise (SLR) adaptation tools are undeniably daunting, the American legal system poses an additional, potentially budget-busting impediment — the Takings Clause of the Fifth Amendment to the United States Constitution. Officials at all governmental strata and from all three branches should keep the demands made by the Takings Clause, as interpreted by the judiciary, in mind as they choose tools from the diverse SLR-adaptation toolbox, as they justify their choices to the electorate and other constituencies, as they put those tools to use, and as they defend that use from litigants claiming abuse. This …
Eroding Long-Term Prospects For Florida’S Beaches: Florida’S Coastal Construction Control Line Program, Thomas K. Ruppert
Eroding Long-Term Prospects For Florida’S Beaches: Florida’S Coastal Construction Control Line Program, Thomas K. Ruppert
UF Law Faculty Publications
Florida enjoys 825 miles of sandy beaches. These beaches serve as nesting habitat for five species of threatened or endangered sea turtles. Florida’s beaches host the densest sea turtle nesting in the United States, the largest aggregation of loggerhead nesting in the world, and the second highest density of green sea turtle nesting in the hemisphere. Florida’s beaches also provide habitat for hundreds of other species as well. In addition to providing recreational and esthetic values to residents, Florida’s beaches attract millions of tourists – and billions of dollars – each year. An estimated $1 trillion of coastal property in …