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Coastal property and eminent domain in Florida

Waterfront and near shore parcels, shoreline easements, and where the value actually sits.

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On a waterfront parcel the value is concentrated in a narrow band. The seaward boundary, the outlook, the ability to reach the water and the right to build or maintain what stands there account for a great deal of what the property is worth.

Coastal resilience, renourishment, dune restoration and shoreline armouring projects take interests in exactly that band, usually as easements rather than fee purchases, and usually across a small area.

The short answer

A shoreline easement takes little ground and can reach a large part of the value. Read what it permits, who it permits to be there, and what you may still build.

What coastal owners should examine

Where exactly does the easement run?

A few feet of seaward boundary can carry a disproportionate share of a waterfront value.

Does it permit public use?

An easement allowing the public onto ground that was private is a very different proposition from one permitting maintenance access only.

What can still be built or maintained?

Restrictions on structures, decking, dune walkovers, vegetation and seawalls all narrow what you retain.

What happens to existing works?

Seawalls, docks, revetments and access points may be affected by the project, and that belongs in the claim.

Does the project change the shoreline itself?

Renourishment alters where the water meets the land, which can affect boundaries and outlook.

Frequently asked questions

Is a beach renourishment easement compensable?

It is a property interest taken, and Florida requires full compensation for a taking. How much a particular easement affects a particular parcel is a valuation question worth taking advice on.

My view changed but no land was taken. Anything?

Where no property interest is acquired the position is narrower. If the project physically took or damaged your property without a proceeding, inverse condemnation is the route owners use.

Can the state take my waterfront for shoreline protection?

A taking must serve a public purpose under Article X section 6 and fall within the authority granted. Coastal protection generally does, which makes compensation rather than the taking the usual question.

Understand your property situation before the next step

Explore Florida resources matched to your property type, the project affecting it, and the stage you have reached.

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