This is the Cato Daily Podcast for Tuesday, December 1st, 2009.

I'm Caleb Brown.

When the government drops fresh sand at the foot of your beachfront property, can they then claim the land is for the

public and if by judicial decree your beachfront property is turned into beach view

property what recourse should you have the US Supreme Court is set to hear a challenge to a Florida judicial

taking with broad implications.

Ilia Shapiro, senior fellow in constitutional studies at the Cato Institute comments. It's a hard sell to say that turning beach front property

into beach view property, as the Miami Herald put it is not taking some significant value away from

your property. That's the whole point and this isn't even an issue of whether this is public use or not like was in the Kilo

versus New London case. Indeed there was not even an adjudication as to

eminent domain proceedings or anything like that.

This case, instead, it's kind of a strangely titled case.

It's called Stop the Beach Renourishment

versus Florida Department of Environmental Protection.

And normally, Beach Renourishment, we think of that as a good thing.

You're re-nourishing the beach, that sounds positive.

So why are these homeowners opposed to it?

You know, if their property is being eroded away or something and the state is

renourishing that. Well it turns out that these particular homeowners

didn't request this. There's something like 200 or more

feet of beach in front of their structure and the state just wants to have

more beach there for tourists to come in and spend money and so forth.

...