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Emerald Coast News
Verdict still out on beach restoration (April 14, 2008)DESTIN - The Supreme Court of Florida heard arguments for and against beach restoration nearly a year ago but it still has not ruled. The court has yet to decide whether restoring storm-damaged beaches is an unconstitutional taking of private property from beachfront homeowners. The players in the issue have not heard a word, either. Attorney Dan Stengle represents Save Our Beaches, a group that sued Walton County over restoration. He said the Supreme Court's delay is out of the ordinary. "It's a little bit unusual," he said. "We would have expected it by now." Stengle said the court's deliberations are closed. No one will find out until the justices issue a ruling. "It's an important case. Only they know why it's taking so long," he said. If the justices side with landowners, the state and counties will have to get permission from property owners to restore beaches. Meanwhile, ongoing restoration projects have not stopped. Walton County is trying to get a permit to restore parts of 13 miles of critically eroded shoreline in the eastern half of the county, said Sonny Mares, interim director of the county's Tourist Development Council. "We want to go ahead and get the permit. It's good for several years. We hope to have the permit in hand by the fall," he said. When the permit comes through, Mares and the TDC will decide whether to restore the beach all at once or do it in segments. Funding is a key issue; restoration could cost $40 million to $50 million, Mares said. Destin and Walton County spent about $22 million in 2006 to restore about six miles of beach in western Walton County and in the city. Mares would like the justices to hand down a ruling soon so everyone can move on. "We would all like to have this resolved," he said. "Once we get clarity (on the law), then we can move forward." Destin Mayor Craig Barker is concerned about the direction of restoration. Barker said if the law is found unconstitutional, then beach restoration will be left up to individual property owners. And that could be costly. "You just hope that doesn't happen because its effects will be felt throughout the state," he said. Barker said homeowners might act too late to save their homes when storms hit. Plus, beach restoration is usually not something that small homeowner associations can pay for. Beaches draw people to the area, so a healthy shoreline is important, Barker said. That's why Destin chose to restore the seashore previously. Barker said the city did nothing wrong when it chose to fix the coastline several years ago when Save Our Beaches sued. "We simply followed the state law," he said. "We need to put this decision behind us and move on."
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