The lawsuit focused on people being unable to use areas of the beach that they own, rather than on beaches being closed to the general public.
A federal appeals court Monday backed beachfront property owners who argued they should receive compensation because Walton County prevented them from using privately owned portions of the beach early in the COVID-19 pandemic.
A three-judge panel of the 11th U.S. Circuit Court of Appeals overturned a decision by U.S. District Judge Robert Hinkle, who rejected arguments that a move by the Walton County Commission to close beaches in spring 2020 resulted in an unconstitutional “taking” of property. The lawsuit focused on people being unable to use areas of the beach that they own, rather than on beaches being closed to the general public.
“Despite the county’s significant infringement on property rights, the district court granted summary judgment in favor of Walton County, noting that the ordinance was enacted during the COVID-19 pandemic,” said Monday’s opinion, written by Judge Barbara Lagoa and joined by Judges Andrew Brasher and Ed Carnes. “But there is no COVID exception to the Takings Clause (of the U.S. Constitution). Instead, the government must respect constitutional rights during public emergencies, lest the tools of our security become the means of our undoing.”
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