Legal Opinion

Stop Beach Renourishment, Inc. v. Florida Department of Environmental Protection

Supreme Court of the United States

Decided June 17, 2010No. 08-1151Published

CERTIORARI TO THE SUPREME COURT OF FLORIDA

1Judgment of the CourtJustice Scalia

We consider a claim that the decision of a State’s court of last resort took property without just compensation in violation of the Takings Clause of the Fifth Amendment, as applied against the States through the Fourteenth, see Dolan v. City of Tigard, 512 U. S. 374, 383-384 (1994).

I

A

Generally speaking, state law defines property interests, Phillips v. Washington Legal Foundation, 524 U. S. 156, 164 (1998), including property rights in navigable waters and the lands underneath them, see United States v. Cress, 243 U. S. 316, 319-320 (1917); St. Anthony Falls Water Power Co. v. St. Paul Water…

2Cases cited62 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  5. Pearson v. CallahanSupreme Court of the United States · 2009

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