Why is the case important?
The Nollans (Appellants) have appealed from a decision of the California Court of Appeal, which ruled that the California Coastal Commission could condition its grant of permission to rebuild their house on the transfer to the public of an easement across their beachfront property.
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.
Does the requirement of the easement to be conveyed as a condition for issuing a land use permit constitute a taking?
First the Court noted that if California had simply required the Nollans to make an easement across their property available to the public on a permanent basis in order to increase public access to the beach, rather than conditioning their permit to rebuild their house on their agreeing to do so, the Court has no doubt that there would have been a taking.
Land use regulation does not constitute a taking if it substantially advances legitimate state interests and does not deny an owner economically viable use of his land.
The Court agrees with the Commission that where a permit condition serves the same legitimate police power as a refusal to issue the permit, then the condition would not be a taking. However, where the condition utterly fails to further the end advanced as the justification for the prohibition, the constitutionality disappears.
Unless the permit condition serves the same governmental purpose as the development ban, the building restriction is not valid regulation of land use but an out and out plan of extortion.
- Case Brief: 1987
- Appellant: Nollan
- Appellee: California Coastal Commission
- Decided by: Case pending
Citation: 483 US 825 (1987)
Argued: Mar 30, 1987
Decided: Jun 26, 1987