Redington Beach property owners take beach access fight to appeals court

In a significant legal battle over beach access, waterfront property owners in Redington Beach are challenging a federal court ruling that upheld a 2018 ordinance aimed at protecting customary use rights of the public to “dry sand areas” of the beach. The property owners filed a notice of appeal after U. S. District Judge Virginia Hernandez Covington sided with the town, affirming that the ordinance did not constitute an unconstitutional taking of private property. Covington's ruling emphasized that the ordinance recognizes the rights of residents and visitors who have historically used these beach areas.

This dispute is part of a larger ongoing debate in Florida regarding customary use, which has garnered attention especially since changes to state laws in 2018. The Florida Constitution guarantees public access to beach areas below the mean high water line, but this case focuses on the dry sand portions closer to private homes. The property owners argue that the ordinance infringes on their property rights, while the town maintains it is preserving public access. As the case moves to the 11th U. S.

Circuit Court of Appeals, its outcome could significantly impact future customary use discussions and public access to private beaches in Florida. This legal battle underscores the complexities of balancing property rights with community access to natural resources.