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11th Circuit Says Walton County’s COVID Beach Closure Was a Taking, Orders Compensation Review

The panel deemed the monthlong closure plus on-site enforcement a physical appropriation with no pandemic carveout.

Overview

  • A three-judge panel led by Judge Barbara Lagoa, with Judges Andrew Brasher and Ed Carnes joining, reversed the district court’s ruling for the county.
  • The opinion details deputies entering private sand, parking vehicles there, threatening arrest, and excluding owners from their own property.
  • Walton County’s ordinance barred all access to private beachfront parcels from April 2 to April 30, 2020, even as other public places remained open.
  • The court drew on the Supreme Court’s Cedar Point precedent to classify the shutdown as a per se physical appropriation rather than a mere use restriction.
  • The case returns to the trial court to calculate just compensation for affected owners, while the appeals court left intact the dismissal of prospective claims.