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Recent federal ruling in Daniels v. Palm Beach shows how courts evaluate historic beach use
Summary
Presenter described a June 26, 2026 federal order in Daniels v. Palm Beach that found sufficient historical testimony for customary use across a 0.40.5-mile stretch and rejected a takings claim under the facts presented; the decision remained subject to appeal at the time of the seminar.
The presenter highlighted Daniels v. Palm Beach, an order dated 06/26/2026, as the most recent important federal decision applying customary-use doctrine. He said the court found multiple in-person witnesses and documentary evidence sufficient to establish recreational customary use for a roughly 0.4-0.5 mile segment and that the trial lasted several days with at least 10 witnesses sworn in. "They called 10 witnesses... This trial lasted 5 days," the presenter said. (Presenter)
He noted the trial court found no Fifth or Fourteenth Amendment taking under those facts and emphasized that Daniels turned on parcel-specific evidence: photographs, longtime residents, and municipal records. He warned that other beaches with different width or historical patterns might produce different outcomes.
