Nollan v. California Commission (1987)
Holding: Permit condition was a taking b/c lateral access was not closely enough related to the gov’ts right to protect the view of the ocean. The court said that the Commission could have banned the construction on the basis of the public’s right to see the ocean from the street.
Facts: CA Coastal Commission required Ps to allow public to walk along the beach as a condition for receiving a permit to build a larger beach house.
Holding: Permit condition was a taking b/c lateral access was not closely enough related to the gov’ts right to protect the view of the ocean. The court said that the Commission could have banned the construction on the basis of the public’s right to see the ocean from the street.
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