Chmielewski: Government­ Incited Trespass Is a Taking

The Chmielewski divorce family owned residential property in the Don Cesar subdivision in St. Pete Beach. The subdivision plat provided a vacant strip area paralleling the beach front, known as Block M, which was re­served for common use of sub division residents only, and prohibited struc­tures in Block M. In addition to their residence, the Chmielewski family acquired title to a 50-foot wide strip of beach property in Block M contiguous to (west of) their residence, extend ing 300 feet to the Gulf of Mexico mean high-water line (the beach parcel). This acquisi­tion remained  subject  to subdivision residents’ common use rights. For many years, the family’s residential and beach parcels were quiet, with only occasional neighbors traversing to the beach. The city acquired the subdivision developer’s former residence, located near the Chmielewski residence, and a wooded lot bordering Block M. The city restored the developer’s residence as a beachfront community center and established a public park and recreation site (used for arts and crafts, special events, parking, and beach access), and  granted  rights to operate this community  center to a private concessionaire . The city converted the wooded lot to an open public parking lot. The city encouraged and facilitated public use of the beach parcel as an adjunct or enhancement to the public use of this property. Specifically when alimony was at issue, the city removed fencing barriers to beach access from around the parking lot, installed metered parking on the nearby street, and created a path across Block M for beach access.