NOLLAN v. CALIFORNIA COASTAL COMMISSION

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Case Basics
Docket No. 
86-133
Petitioner 
California Coastal Commission
Respondent 
Nollan
Advocates
(Argued the cause for the appellants)
(Argued the cause for the appellee)
Tags
Term:
Location: Faria Beach
Facts of the Case 

The California Coastal Commission required owners of beachfront property wishing to obtain a building permit to maintain a pathway on their property open to the public.

Question 

Did the requirement constitute a property taking in violation of the Fifth and Fourteenth Amendments?

Conclusion 
Decision: 5 votes for Nollan, 4 vote(s) against
Legal provision: Takings Clause

Yes. The Court agreed that a legitimate interest may be served by maintaining a "continuous strip of publicly accessible beach along the coast." However, reasoned Justice Scalia, if California wished to use its power of eminent domain to do so, it must provide just compensation to the Nollans and other beachfront property owners for the public use of their land.

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NOLLAN v. CALIFORNIA COASTAL COMMISSION. The Oyez Project at IIT Chicago-Kent College of Law. 01 September 2014. <http://www.oyez.org/cases/1980-1989/1986/1986_86_133>.
NOLLAN v. CALIFORNIA COASTAL COMMISSION, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1980-1989/1986/1986_86_133 (last visited September 1, 2014).
"NOLLAN v. CALIFORNIA COASTAL COMMISSION," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 1, 2014, http://www.oyez.org/cases/1980-1989/1986/1986_86_133.