Legal Opinion

State, Department of Environmental Protection v. Beach Group Investments, LLC

District Court of Appeal of Florida

Decided August 3, 2016No. 4D14-3307Published

1Opinion of the CourtMay, J.

The Department of Environmental Protection (“DEP”) appeals an adverse judgment for a regulatory taking. It argues the trial court erred in concluding: (1) the claim was ripe; and (2) the DEP had “taken” the property. We agree with the DEP on the ripeness issue and reverse.

The property consists of approximately 2.2 acres of land in Fort Pierce, which.lies between Ocean Drive and the Atlantic Ocean, south of the Fort Pierce Inlet. The inlet is protected by two jetties that extend into the Atlantic Ocean. The jetties and inlet channel cause beach erosion south of the inlet.

Congress authorized…

2Cases cited8 opinions

Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
MacDonald, Sommer & Frates v. Yolo CountySupreme Court of the United States · 1986
Tinnerman v. Palm Beach CountyDistrict Court of Appeal of Florida · 1994
CITY OF RIVIERA v. ShillingburgDistrict Court of Appeal of Florida · 1995

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