6.17.2010

A Take on Takings

SCOTUS hands down the Florida "beach renourishment" eminent domain case.


Holding: The Florida Supreme Court did not take property without just compensation, in violation of the federal Constitution in its ruling governing the restoration of beach front land.

Note: The split is 4-4 on the most important question raised in the case, "judicial takings." There are four Justices who support the proposition that whether property is taken by a legislature or a court, it can constitute a "taking" within the meaning of the Constitution. There are four other Justices who think the Court did not need to reach that issue in this case, but agree that in this case the state supreme court did not violate the Constitution.