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

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.