Where The Sea Meets The Land

Authors

Marianne L. Catala

First Page

246

Document Type

Comment

Abstract

Part L.A of this comment discusses the history and evolution of the public trust doctrine, which dates back to Roman and Old English common law. It asserts the public has a pre-existing right to the dry sand portion of the beach, a right that has been wrongfully limited in Florida by its current public trust doctrine. Part I.C examines the uniqueness of beach property, and explains how the traditional notions of private property cannot succeed in overcoming the public's pre-existing right to the beach. The fact remains that over time the public right to use and enjoy the beach in Florida has been dwindling away, almost to extinction, as it is increasingly limited by development and privatization of Florida beaches. Finally, Part II argues that Florida should follow New Jersey's lead and resolve this problem by amending its current legislation to include a reasonable area of dry sand area above the high water mark for the use and enjoyment of the public.

Recommended Citation

Marianne L. Catala, Where The Sea Meets The Land, 27 St. Thomas L. Rev. 246 (2015).
Available at: https://scholarship.stu.edu/stlr/vol27/iss2/6