Environmental Law: Nollan Vs CCC

Title	Environmental Law: Nollan Vs CCC
# of Words	860
# of Pages (250 words per page double spaced)	3.44

Environmental Law: Nollan vs. CCC

Environmental Law: Nollan vs. CCC

     Abstract of:
     483 U.S. 825, 97 L. Ed.2d 677
     James Patrick Nollan, et
     ux., Appellant
     v.
     California Coastal
     Commission.

Case Definition:

        The case is Nollan versus the California Coastal Commission.  The
Nollans were the appellates against a decision made by the California Coastal
Commission (CCC).
        The Nollans had been leasing a property on the California coast with
which they had an option to buy.  The property lies directly at the foot of the
Pacific Ocean and is a prime piece of real estate on the California Coast.  The
property had been used by the Nollans to rent out during the summer months to
vacationers.  At the end of the Nollans' lease they took the option to purchase
the land and began preparing for the terms of purchase by the previous land
owner.  Among those terms was the demolishing of the small deteriorating
bungalow that the Nollans had been leasing.  The Nollans had planned to expand
the structure from the small bungalow that it was to a three bedroom house more
complimentary to the surrounding homes and their needs.  In order to begin
destruction of the property and begin rebuilding the site the Nollans had to
secure a permit from the California Coastal Commission.  Upon submitting the
permit application, the CCC found that the permit should be granted on the
condition that the Nollans provide public access to the beach and to the local
county park, which lay adjacent to the property.  This provision called for the
Nollans to use a portion of their land to be used as a public walkway to the
beach and park.  The Nollans protested to the condition, but the CCC overruled
the objection and granted the permit with the condition intact.

Case Decision:

        The Nollans filed a petition to the Ventura County Superior Court asking
that the condition to supply easement be removed from their permit.  The
Nollans' argument was that there was not enough evidence to support the
developments limiting of public access to the beach.  The argument was agreed
upon by the court and the case was remanded to the California Coastal Commission
for a full evidentiary hearing on the issue of public access to the beach.
        The CCC held a public hearing which led to further factual findings
which reaffirmed the need for the condition.  The CCC's argument was that the
building of the new structure would limit view of the ocean, and therefore limit
access to the public who had full rights to use the beach.  To compensate for
the limitations on the public the Nollans would have to provide access to the
beach from their property.  The CCC also noted that ...

This is ONLY a preview of the article. If you would like to view the entire document, you must subscribe to Academic Library. Please register below now!

Subscribe to Academic Library

When you subscribe to the Academic Library, you get 24-hour access to the online database containing full-text articles written by thousands of scholarly students. For only $8.95 per month, you receive unlimited monthly access to view and download all of our 40,000 articles available online. That is less than the price of one textbook!
This price includes:

24-hours-a-day, 7 days a week unlimited access on any computer with Internet access

Complete access to all 40,000 articles, essays, and research papers

Ability to view and download virtually unlimited number of documents

Ability to browse through perfectly arranged catalog of articles

Superior search and relevancy ranking techniques using Google SiteSearch and our local search engine

Instant access to the online database after registration

You can pay by credit card, checking account. You get instant access after registration:

You will be billed $ 8.95 every 30 days (recurring billing) starting on the day you subscribe.
Your credit card will automatically be renewed for your convenience until you cancel.

If you are already registered, please click here to login.


	Home \| Register \| Login \| FAQ \| Forgot Password \| Privacy Policy \| Disclaimer \| Close Account \| Contact Us \| Logout Copyright 1998-2007 Academic Library. Academic Library is designed only to assist students and researchers in the preparation of their own work. Anybody who use our services are responsible not only for writing their own papers, but also for citing Academic Library as a source when doing so. By accessing and using this page you agree to the Disclaimer. If you wish to cancel your subscription to Academic Library, please click here.