Judge Rejects COVID-19 Property Rights Case

Kennith Bogan

In Walton County, commissioners shut down beach locations for the duration of the pandemic, including private kinds. Homeowners sued proclaiming they should have payment, but a judge mentioned no.

TALLAHASSEE, Fla. – In a dispute that started following a Northwest Florida county temporarily closed beach locations early in the COVID-19 pandemic, a federal judge ruled versus waterfront residence owners who contended that they should really acquire compensation.

U.S. District Judge Robert Hinkle issued a 19-webpage selection rejecting arguments that moves by the Walton County Commission to near beaches in spring 2020 resulted in an unconstitutional “taking” of home. The lawsuit focused on people today becoming not able to use areas of the seashore that they personal, somewhat than on beaches currently being closed to the typical community.

Hinkle wrote that the plaintiffs were being however in a position to use considerably of their house and that the county commission was working with its “police energy in a general public-overall health unexpected emergency.”

“The bottom line is this. The Board of County Commissioners confronted an escalating pandemic that posed an massive threat to general public wellness,” Hinkle wrote in the selection issued very last week. “There was no way to know at that time how a lot of men and women would die or grow to be gravely sick and how best to lower the variety. Decisive action appeared appropriate. In closing the beach locations, the county exhibited no animus toward these plaintiffs or everyone else. Rather, the commissioners exercised their finest judgment, centered on the restricted know-how obtainable at the time, on how to protect life and well being.”

Hinkle also pointed to the momentary mother nature of the closure.

“The plaintiffs had entire, unfettered, exclusive entry to some of the world’s most stunning shorelines for 337 times throughout 2020. … That the plaintiffs’ access to portion of their residence was restricted for 29 days in an effort and hard work to safeguard the local community was not an unconstitutional using,” he wrote.

Seashore closures had been a intently watched difficulty early in the pandemic, as pictures of crowds of beachgoers, together with spring breakers, flashed throughout the country though the numbers of COVID-19 situations started to soar.

Walton County, concerning Panama City and Destin, has noticed a creating boom in modern several years, with multimillion-dollar houses popping up together its seashores.

Hinkle wrote that the Walton County Fee handed an ordinance on March 19, 2020, that prohibited customers of the public from accessing beaches and followed up April 2, 2020, with a revised ordinance that used to all people. Shorelines reopened Might 1, 2020, and have remained open considering that then.

Below Florida regulation, privately owned seaside residence commonly extends to a place acknowledged as the suggest superior-water line. Attorneys for the plaintiffs in the lawsuit also cited house owners’ “littoral” legal rights, which offer obtain to the water.

In a court docket document submitted previous yr arguing for summary judgment, the plaintiffs’ lawyers wrote that “for 29 days the plaintiffs were being prohibited, underneath threat of arrest, from moving into their very own non-public house (i.e., their backyards).”

“This (April 2, 2020) ordinance was not developed to reduce transmission of COVID-19 on this non-public land but instead was intended to make enforcement of the County’s public-beach front closure a lot easier,” the doc reported. “Because Walton County deprived the plaintiffs of every strand in their bundle of house rights though the ordinance was in effect, the plaintiffs are entitled to summary judgment as to all counts of the criticism.”

Source: Information Services of Florida

Next Post

How Balfour Beatty takes a multipronged approach to severe weather preparedness

Christopher Diaz is vice president of basic safety, health and fitness and environmental for Balfour Beatty US Buildings division in Florida and Eric Yates is environmental well being and basic safety manager for the firm’s US civil division in North Carolina. Opinions are the authors’ own. Atlantic hurricane year is underway, and […]

You May Like