Brevard wins eminent domain battle with Thad Altman, other homeowners over beachside land

A Brevard County judge has sided with county officials in an eminent domain battle against State Rep. Thad Altman and other beachfront property owners near Indialantic, ending a standoff the county had said was holding up beach renourishment.

The Aug. 1 order from Circuit Judge Curt Jacobus allows the county to seize access rights to the sandy beaches behind the four beachfront homes along Highway A1A, including one owned by Altman's family trust.

The county has sought rights to the properties since 2018 as part of renourishment efforts along Brevard's "Mid Reach" shoreline. It plans to grant public access to the parcels west of the high tide line, currently the private property of the homeowners, which county staff said was necessary to secure federal funding for the project through the U.S. Army Corp of Engineers.

More: Eminent domain case over private beaches ropes in Rep. Thad Altman

The owners of the four properties in the lawsuit were the last holdouts along the Mid Reach — a 7.8-mile stretch of coast between Patrick Space Force Base and Indialantic — preventing release of the funds, according to staff reports to the Brevard County Commission.

An attorney for Altman and two of the homeowners declined to comment. Altman is currently running for the County Commission District 5 seat currently held by Commissioner Jason Steele.

Steele was appointed in June to replace outgoing Commissioner Kristine Zonka, who stepped down to lead the Florida Department of Health in Brevard County.

Don Walker, a spokesman for Brevard County, also declined to comment, citing the possibility of continuing litigation in the case.

The defendants have disputed the county's claims in court filings, arguing that it has repeatedly sought more land than it needed and low-balled them on compensation for the valuable property.

They have also questioned whether federal funding was even necessary for the project. Blake Gaylord, an attorney for Hubbard Investments, one of the property owners in the case, said his client didn't have a problem with the project itself, but rather with the idea it couldn't be done without forcing them to give up their rights.

More: An Indialantic boardwalk could actually be the latest shot in an eminent domain fight

"The only reason public use is necessary is to obtain federal funds," Gaylord said. "That's something that we're weighing: on what level does Brevard County have to show it actually needs the federal funds, not that the funds would be nice to have because it's someone else's money?"

Jacobus noted in his ruling that the county had given no testimony that the project could not be completed using only state and local funds, which carry no such condition.

A decision whether to appeal the case was "under discussion" by the defendants, Gaylord said.

Mike McGarry, beaches, boating and waterways manager for Brevard County, said the County Commission still needed to award a contact for the renourishment work, which will likely happen in November. Restoration of the Mid Reach beaches could begin as soon as late November or December, McGarry said.

This latest ruling was the most recent development in the years-long court battle, spanning multiple rulings and attempts from the county to seize rights to the properties.

A prior decision in the county's favor was overturned on appeal in 2020. It subsequently abandoned a second effort without explanation earlier this year before refiling the case for a third time in February.

Eric Rogers is a watchdog reporter for FLORIDA TODAY. Contact Rogers at 321-242-3717 or esrogers@floridatoday.com. Follow him on X: @EricRogersFT.

This article originally appeared on Florida Today: Brevard wins case to seize beaches from Florida rep, other homeowners