Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023...more
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with over 3,750 miles exposed to temporary flooding....more
1/11/2023
/ California ,
California Coastal Commission ,
Climate Change ,
Coastal Real Estate ,
Environmental Justice ,
Flooding ,
Highways ,
Inflation Reduction Act (IRA) ,
Infrastructure Financing ,
Land-Use Permits ,
Railroads ,
Rising Sea Levels ,
Transportation Industry ,
Utilities Sector ,
Water Projects
Since the U.S. Supreme Court’s decision in Knick v. Township of Scott (2019) 139 S.Ct. 2162 eliminated the requirement for a plaintiff to exhaust state court remedies before pursuing a takings challenge in federal court,...more
In the past, the Coastal Commission has taken a very negative view on any limitations of public beach access. In fact, one can say that the Commission has been downright aggressive in pursuing what it perceived to be...more
Sea Level Rise is a critical issue facing public agencies and property owners throughout the U.S. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater treatment...more
Yes, but the sea might beat them to it. In 2015, the California Coastal Commission adopted the Sea Level Rise Policy Guidance. This Guidance document discusses a number of potential measures for responding to sea level rise,...more
3/4/2020
/ Beachfront Properties ,
California Coastal Commission ,
Coastal Real Estate ,
Critical Infrastructure Sectors ,
Eminent Domain ,
Legislative Agendas ,
Property Owners ,
Proposed Legislation ,
Real Estate Development ,
Regulatory Agenda ,
Regulatory Takings ,
Rising Sea Levels
On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more
1/8/2020
/ Appeals ,
Beach Access ,
Beachfront Properties ,
California Coastal Commission ,
Coastal Real Estate ,
New Evidence ,
Private Property ,
Property Dedication ,
Property Owners ,
Public Use ,
Real Estate Market ,
Recreation ,
Regulatory Takings ,
Right of Access ,
State and Local Government ,
Waterfront Properties
The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more
12/4/2019
/ Appeals ,
Beach Access ,
Beachfront Properties ,
California Coastal Commission ,
Coastal Real Estate ,
Fees ,
Fifth Amendment ,
Just Compensation ,
Licenses ,
Permits ,
Private Property ,
Property Dedication ,
Property Owners ,
Public Use ,
Real Estate Development ,
Real Estate Market ,
Recreation ,
Right of Access ,
State and Local Government ,
Takings Clause ,
Waterfront Properties
In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more
10/17/2019
/ Appeals ,
Applications ,
Beachfront Properties ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Construction Project ,
Property Owners ,
Real Estate Development ,
Regulatory Takings ,
Rising Sea Levels ,
Setback Rules ,
Substantial Evidence Standard ,
Waterfront Properties
The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything. ...more
10/15/2018
/ Administrative Procedure Act ,
Appeals ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Real Estate Development ,
Regulatory Takings ,
Ripeness ,
Separation of Powers ,
State Constitutions ,
Urban Planning & Development
Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission,...more
In September 2014, the Court of Appeal for the Fourth Appellate District issued a surprising decision, finding that even if an applicant maintains that it is accepting imposed permit conditions “under protest” and expressly...more
In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission’s (“Commission”) finding that there is no rational nexus or rough proportionality between...more