U.S. Supreme Court Decision Hurts Florida— Helps Ohio Property Owners

Press Release from OLG President Tony Yankel

Sheffield Lake (OH) – On June 17, 2010 the U.S. Supreme court in an 8-0 ruling, took another bite out of the constitution and property rights.  Environmental activists mistakenly believe that the U.S. Supreme Court decision will set a new direction for property rights in Ohio.  But they are wrong.

Although the “Stop the Beach Re-nourishment” case was a blow to private property owners in Florida, the decision made some very strong and fundamental points.  Of prime importance, the U.S. Supreme Court’s Decision makes it clear that state law defines property rights and not federal law.

The Ohio Lakefront Group welcomes the Court’s statement of the obvious—that state law defines property rights.

Ohio law is different than federal law and more importantly, Florida law.  Florida law deals with “tidal” water, as Florida’s shores abut the Atlantic Ocean and the Gulf of Mexico which have tides.  In stark contrast, Ohio law deals with non-tidal water, as Ohio abuts Lake Erie which does not have a tide.  Therefore, there is no relationship between this Florida decision and Ohio Law.   Florida law states that private property goes to the high tide mark.  Ohio law states that private property goes to the water’s edge.

Because Ohio Attorney Generals Marc Dann and Richard Cordray have been arguing to the contrary for several years, OLG is confident that Ohio law and the Ohio Supreme Court will support our property rights and our deeds.

It’s ironic that the environmental activists believe the Court’s decision in the Florida case applies in Ohio.  Ohio’s Attorney General thought our lawsuit belonged in Federal Court.  But the Federal Court disagreed.  We’ve won in Common Pleas Court and the Appeals Court.  And we are confident we will win in the Ohio Supreme Court.  Ohio’s law is clear, despite the activists’ efforts to muddy the waters.

It’s also ironic that these activists believe the State must seize private property and place it under State ownership in order to protect Lake Erie.  Who is more likely to ensure Lake Erie is protected for future generations – littoral property owners who live on the Lake and treasure its beauty every day or the fickle “public” that is prone to litter and do things that they would never dream of doing on their own property?