Wednesday, November 11, 2009
John R. Nolon and Kristen M. Grzan (Pace) have posted Rising Tides--Changing Title: Walton County v. Stop the Beach Renourishment, published in the Real Estate Law Journal, 2009. The abstract:
This article first discusses the facts of the Walton County case and how the statute affects title to coastal parcels and then turns to an analysis of the fee simple absolute title to coastal properties in Florida, how deeds are drawn, and how title is insured under title company practices. This is followed by a further exploration of the regulatory taking issue and then the judicial taking claim. We then explore the tension that the judicial takings issue raises regarding the jurisdiction of federal and state courts. The article then takes a look at the property interests-the sticks in the bundle of sticks that constitute fee simple title-that are implicated in regulatory takings cases, followed by a conclusion.
Ben Barros has posted a link to the petitioner's reply brief in Stop the Beach Renourishment.