This is an interesting story from the folks at Fifth Wall, discussing beach erosion options for homeowners in a shoreline community in Florida. It is a familiar story that has occurred in many communities across the US as sea levels rise and shorelines change. Often conflict can arise between government agencies seeking to ensure public funds are used to support public goods, and homeowners (who in this case) refuse to agree to public good requirements.
In these cases, homeowners are attempting to skirt the public trust doctrine requirement, which has existed in the US since 1800, and has been reinforced by centuries of case law. If you are going to take public money for just about anything, you need to provide a public benefit.
While the US Army Corps of Engineers enforces these requirements, the doctrine is part of a national legal principle. In the United States, the public enjoys a well-established right to access beaches up to the "mean high water line," thanks to the public trust doctrine. The legal principle behind the public trust doctrine was first rooted in ancient Roman law and carried through English common law, and these rights eventually became a cornerstone principle in the United States. The doctrine dictates that governments hold certain resources, like tidal waters and their adjacent shorelines, in trust for public use. This translates to public access for activities like walking, swimming, and fishing in the areas below the average high tide line, ensuring everyone can enjoy these cherished coastal resources.
The concept of "public goods" is crucial when considering how government agencies like FEMA, and ACE approach shoreline restoration programs. Public goods are resources or services that are non-rivalrous and non-excludable. Non-rivalrous means that one person's enjoyment doesn't diminish the availability of others (think clean air). Non-excludable signifies the difficulty, or impossibility, of preventing people from using the good (like a public park). Beaches embody these characteristics perfectly.
Federal agencies understanding that beaches are public goods, often mandate public access as a condition for receiving shoreline restoration funding. This ensures that the benefits of federal investment, like restored coastlines and storm protection, are available to everyone. Public access also fosters economic benefits through tourism and recreation, further justifying its inclusion in these programs. By upholding the Public Trust Doctrine and ensuring public access, government programs contribute to a more equitable and sustainable future for our coasts. #climatechange #ace #publicfunds
🏚️ Coastal erosion is posing a danger to homeowners, but the US Army Corps of Engineers is limited in their ability to help. The agency is withholding 42 million tons of sand in Redington, Florida, unless coastal property owners grant public access to their beaches.
However, many property owners are refusing to sign the easements, which grant public access to the beaches. (The agency implemented the easement policy years ago to avoid using public funds for private beach protection.)
This is just one example of a much larger trend, as real estate owners continue to face the consequences of a changing climate.
🎥 Featuring Fifth Wall's Francesca Whitehead
Dott.ssa Antonella Lucia Faiella at Engineering Studio Research
2wCongratulations