Public Beach Access Rule Rejected As ‘Taking’ Without Compensation

1987

In Nollan v. California Coastal Commission, the U.S. Supreme Court invalidates a California Coastal Commission regulation requiring that when coastal property owners develop their property, they allow a path or other passageway to be added so the public has access to the beach. The Court finds the requirement to be a “taking” of private property by the government without compensation in violation of the Fifth Amendment.