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Constitutional Law Keyed to Stone
Nollan v. California Coastal Commission
Citation:
483 U.S. 825 (1987)Facts
The Nollans owned a beachfront lot in Ventura County, California, with a small 504-square-foot bungalow that had fallen into disrepair. They sought to demolish the bungalow and replace it with a three-bedroom house similar to others in the neighborhood. Under California law, they needed a coastal development permit from the California Coastal Commission. The Commission granted the permit on the condition that the Nollans allow the public an easement to pass across a portion of their property along the shoreline. The Commission justified this condition by finding that the new house would block the public’s view of the beach, contribute to a “wall” of residential structures, and increase private use of the shoreline, thereby burdening the public’s ability to access the coast. The Nollans challenged this condition as an unconstitutional taking of their property without compensation.
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