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Fla. Supreme Court Hears Arguments on Beach Restoration

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DC

Beach Crab
Florida Supreme Court to hear beach restoration case Thursday

HEATHER CIVIL
2007-04-17

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The Florida Supreme Court will hear oral arguments Thursday in a beach restoration case that could change the way such projects are handled throughout Florida.

The court is being asked to determine whether beach restoration unconconstitutionally deprives people of their private property.


MORE INFO: The Florida Supreme Court will hear oral arguments Thursday in Tallahassee in the Walton County beach restoration case. Several other cases are also scheduled that day. Court will convene at 8 a.m. at the court building at 500 S. Duval St. Case information can be found online at www.floridasupremecourt.org.


It will likely take several months for the court to rule.

If the justices determine that beach restoration is unconstitutional, the decision would likely lead to major changes in the state Department of Environmental Protection?s permitting process.

It could also mean that property owners would have to pay for beach restoration instead of the government, said Kriss Titus, executive director of the Walton County Tourist Development Council.

?Restoration won?t go away,? she said. ?But how it is done (could change).?

The legal battle began more than two years ago when a small group of Walton County property owners sued the county to prevent restoration on about one mile of beach off Sandtrap Road.

They say the restoration violates their private property rights because it turns their land into public beach.

They took the case to the 1st District Court of Appeal, which ruled in their favor. The county then appealed to the Supreme Court.

Sand has piled up on local beaches even as the legal war wages on.

Walton recently completed a $19 million restoration project on about four miles of beach in the western part of the county. Destin plans to begin adding sand soon to about two miles of beach for about $8 million.

Destin City Manager Greg Kisela said he will be watching the arguments closely.

?This case has implications not only for the city of Destin and our current and future beach restoration programs, but for the whole state of Florida,? he said.

Plans are also under way on a multi-million-dollar project to restore about 12 miles of beach in eastern Walton County.

The beaches are an economic asset that the area can?t afford to lose, and restoration helps protect that asset, Titus said.

?Tourism is the No. 1 industry,? she said. ?People come here for the beach. If the beach isn?t here, people aren?t going to come here.?

Daily News Staff Writer Heather Civil can be reached at 267-8300.
 
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