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- Environmental Law
- Nollan vs. CCC
-
- Abstract of:
- 483 U.S. 825, 97 L. Ed.2d 677
-
- James Patrick Nollan, et
- ux., Appellant
- v.
- California Coastal
- Commission.
-
- Case Definition:
- The case is Nollan versus the California Coastal Commission. The
- Nollans were the appellates against a decision made by the California
- Coastal Commission (CCC).
- The Nollans had been leasing a property on the California coast with
- which they had an option to buy. The property lies directly at the foot
- of the Pacific Ocean and is a prime piece of real estate on the
- California Coast. The property had been used by the Nollans to rent out
- during the summer months to vacationers. At the end of the NollansÆ
- lease they took the option to purchase the land and began preparing for
- the terms of purchase by the previous land owner. Among those terms was
- the demolishing of the small deteriorating bungalow that the Nollans had
- been leasing. The Nollans had planned to expand the structure from the
- small bungalow that it was to a three bedroom house more complimentary
- to the surrounding homes and their needs. In order to begin destruction
- of the property and begin rebuilding the site the Nollans had to secure
- a permit from the California Coastal Commission. Upon submitting the
- permit application, the CCC found that the permit should be granted on
- the condition that the Nollans provide public access to the beach and to
- the local county park, which lay adjacent to the property. This
- provision called for the Nollans to use a portion of their land to be
- used as a public walkway to the beach and park. The Nollans protested
- to the condition, but the CCC overruled the objection and granted the
- permit with the condition intact.
-
-
- Case Decision:
- The Nollans filed a petition to the Ventura County Superior Court
- asking that the condition to supply easement be removed from their
- permit. The NollansÆ argument was that there was not enough evidence to
- support the developments limiting of public access to the beach. The
- argument was agreed upon by the court and the case was remanded to the
- California Coastal Commission for a full evidentiary hearing on the
- issue of public access to the beach.
- The CCC held a public hearing which led to further factual findings
- which reaffirmed the need for the condition. The CCCÆs argument was
- that the building of the new structure would limit view of the ocean,
- and therefore limit access to the public who had full rights to use the
- beach. To compensate for the limitations on the public the Nollans
- would have to provide access to the beach from their property. The CCC
- also noted that all of the other developments on the same tract of land
- had been conditioned similarly in having to provide public access to the
- ocean.
- The Nollans filed a supplemental petition for a writ of administrative
- mandamus (a writ that would order a public official or body to comply
- with a specified duty issued by a superior court). The Nollans argument
- was that the permit condition violated the Takings Clause in the V
- Amendment, and also in the XIV Amendment of the Constitution.
- The court agreed that the administrative record did not provide for in
- showing the existence of adverse impact on the publicsÆ access to the
- ocean. The court granted the writ of mandamus, and directed that the
- public access condition be removed from the permit.
- The CCC appealed the case in the California Court of Appeal and won the
- decision. The Court of Appeal found an error in the Supreme Courts
- interpretation of the Coastal Act which mandates public access to any
- category of developments on the coast. The Court of Appeal also found
- that the Takings claim was unsubstantiated by the Nollans. The permit
- condition did take from the value of the land, but did not restrict them
- of reasonable use of their property.
- The Nollans then appealed to the United States Supreme Court. The
- argument made by the Nollans continued to revolve around the Takings
- Clause in the V Amendment. The Supreme Court found that the requirement
- of the permit only put a restriction on the use of the property and not
- a ôtakingö of the property. The Supreme Court also held the California
- State Constitution to have standing, and upheld the ruling made by the
- Court of Appeals.
-
- Reasoning for Decision:
- I believe that the reason the Supreme Court decided as it did was that
- its interpretation of the California State Constitution provided for the
- authority of the CCCÆs permit regulation. The part within the states
- constitution says that access to any navigable waters shall not be
- limited by any person when it is required for any public purpose. The
- ônavigable waterö clause infers the actual use of the water and not the
- beach itself. The Supreme Court did not want to make a case of this for
- intervening in statesÆ constitutions is nasty business; and there was
- not a big deal concerning the language of the law from either of the
- parties. I think that a similar case could be argued attacking the
- Constitution of the State of California concerning the navigable waters
- clause. I would still have to agree with the CCCÆs permit condition of
- allowing public access to the beach, because I like the beach and am in
- no position to purchase land bordering it so I need access.
-