Marine and Coastal Law: Cases and Materials

By Dennis W. Nixon | Go to book overview

Chapter 6
WHEN DOES REGULATION GO TOO FAR? THE TAKINGS ISSUE

. . . nor shall private property be taken for public use, without just compensation.

Fifth Amendment to the United States

Constitution


Nollan v. California Coastal Commission, 483 U.S. 825 (1987)

JUSTICE SCALIA delivered the opinion of the Court.

James and Marilyn Nollan appeal from the decision of the California Court of Appeal ruling that the California Coastal Commission could condition its grant of permission to rebuild their house on their transfer to the public of an easement across their beachfront property. The California court rejected their claim that imposition of that condition violates the Takings Clause of the Fifth Amendment, as incorporated against the States by the Fourteenth Amendment. We noted probable jurisdiction.


I.

The Nollans own a beachfront lot in Ventura County, California. A quarter-mile north of their property is Faria County Park, an oceanside public park with a public beach and recreation area. Another public beach area, known locally as "the Cove," lies 1,800 feet south of their lot. A concrete seawall approximately eight feet high separates the beach portion of the Nollans' property from the rest of the lot. The historic mean high-tide line determines the lot's oceanside boundary.

The Nollans originally leased their property with an option to buy. The building on the lot was a small bungalow, totaling 504 square feet, which for a time they rented to summer vacationers. After years of rental use, however, the building had fallen into disrepair, and could no longer be rented out.

The Nollans' option to purchase was conditioned on their promise to demolish the bungalow and replace it. In order to do so, under California Public Resources Code sections 30106, 30212, and 30600 (West 1986), they were required to obtain a coastal development permit from the California Coastal Commission. On February 25, 1982, they submitted a permit application to the Commission in which they proposed to demolish the existing structure and

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