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Posted by on Nov 21, 2017 in Jim's Take on the Market, Solana Beach | 2 comments | Print Print

Solana Beach Oceanfront Lawsuit

The City of Solana Beach has made some incredible demands of their oceanfront homeowners, and our great friend and client Larry Salzman is fighting back!

The City of Solana Beach enacted regulations to prohibit beachfront owners from building retention walls or other protective structures to safeguard their homes from erosion unless they agreed to grant public access to their property.

The regulations also require homeowners to grant public access as a condition for a permit to repair damaged staircases that provide beach access from their homes.

A coalition of homeowners challenged the regulations as violating the California Coastal Act and the constitutional prohibition on takings without just compensation. The San Diego County Superior Court invalidated the regulations to the extent they required public access as a condition for protecting existing homes or repairing existing staircases, but refused to invalidate the regulations as applied to future development.

Read more here:

https://pacificlegal.org/coastal-land-rights-on-appeal-in-california/

“Coastal homeowners have a right under California law to protect their homes from erosion with a seawall, with some qualifications written into the California Coastal Act. The City of Solana Beach’s land use policies take that right away, undermining both property rights and public safety.”

2 Comments

  1. …but refused to invalidate the regulations as applied to future development.

    Wow. So the court said the law protecting property rights was valid but only if in the future landowners continue to fight government takings. In other words guilty unless rich enough to prove innocence.

  2. “In other words guilty unless rich enough to prove innocence.”

    Another way to look at it is “guilty until poor.”

    Anyone who knows me, knows I love us creating national parks. When Obama flew in here just before he left office, put on his sparkling robe and wizard hat, took his place at the peak of the San Gorgonio mountains, and started swinging his magic national park wand like Michael J Fox off his meds, I smiled and thought, “obnoxious, but effective…”

    However, the Cali coastal commission, forgive my French, are infested with buck-toothed globalists, and not a few cross-eyed communists. It’s a massive hive of chicanery, and red-handed tom-frickery. A fraternity of secret sh*theads, with no regard, no self-contemplation in it’s ranks. The underlying attitude towards them should be scorn, slight regard, contempt, and anything else that doesn’t make the homeowners look unbecoming.

    Coastal commissions have been fought before, and have been defeated.

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