Who Owns Oregon's Beaches

Oregon has nearly 363 miles of pristine, public coastline beaches. Or does it? The Oregon Beach Laws of 1967 and 1969 protected the public's right of access to the free and uninterrupted use of Oregon ocean beaches and regulated the use of motor vehicles on the beaches. Now the U.S. Supreme Court may have something to say about that. A case from Florida being argued today pits the state's need to prevent beach erosion against the rights of property owners to keep ownership of the land at the water's edge. Property owners bringing the case claim that new beach laid down through the State's beach replenishment program, is theirs. The State says the property owner's property line hasn't changed with the addition of more beach. It's just that they have more dry beach now. The real issue is that property owners don't want the general public to use the new beach area, in essence preserving the beach as their own private domain. Now it's up to the supreme court to decide if the State of Florida judicial system acted unconstitutionally by making a ruling which resulted in an unconstitutional taking of private property. The Florida Supreme Court says that the beach replenishment is just "the state's constitutional duty to protect Florida's beaches in a way that reasonably balances public and private interests." When new beach is created, property owners' rights haven't changed: they can still get to the ocean and see the water. The court also said Florida common law has never provided the landowner a right to own the emerging land as their own property. Now the U.S. Supreme Court — including at least one justice who owns a vacation house on the water — will make a ruling. The decision might make big changes for Oregon's beautiful public beaches--and not in a good way.