All real estate agents (as do lawyers) are required to know these terms. I, for one, found them very interesting. But I knew I would never really need to use the terms in my real estate career being that most of my clients were condo buyers.
But alas, these terms have been in the news lately coupled with another interesting real estate topic – Eminent Domain.
Avulsion is Mother Nature’s way of taking your land. You have seen it on the news- a huge storm hit’s a beach front property and washes away a stilted beach house along with a good chunk of land in front. Hope you had insurance…
Accretion is the opposite. Mother Nature gives you land. It kind of burps up land to you.
Floridian beach front owners have been affected over the years from Avulsion. The State of Florida has been dredging up sand from the ocean and depositing it back to the landowners – for a price. The State of Florida laid claim to the new land – thus affecting the land owner’s littoral rights. The State now claims that new beach front property is public property.
The beach owners filed suit against the State of Florida.
Any thoughts on this? Does the creating and taking of land meet the requirement of “public use” in this instance as required by the constitution? Are there any Constitutional scholars out there who care to comment?