What Part of Nollan Didn't They Understand?

by Steven A. Amerikaner, Hatch and Parent, Santa Barbara, CA, United States,

Document Type: Proceeding Paper

Part of: Sand Rights '99: Bringing Back the Beaches


This presentation concerns litigation presently pending between the County of Santa Barbara and the owners of a home on the beach in Santa Barbara County. The lawsuit commenced in November 1998, after the County accepted an offer to dedicate a public access easement to the beach for pedestrians and bicyclists across the owner's property from the public road. The access had been given many years earlier, prior to the Supreme Court's Nollan decision, to fulfill a condition imposed by the Coastal Commission on permits to develop the property with a home. The offer had remained dormant until 1998. The owners claim that the County's acceptance of the offer was invalid under the Nollan decision; the County disagrees.

Subject Headings: Litigation | Owners | Beaches | Highways and roads | Public opinion and participation | Pedestrians and cyclists | Bicycles | Court decisions | California | United States

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