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In ''Nollan v. California Coastal Commission'', 483 U.S. 825 (1987), the United States Supreme Court reviewed a regulation under which the California Coastal Commission required that an offer to dedicate a lateral public easement along the Nollans' beachfront lot be recorded on the chain of title to the property as a condition of approval of a permit to demolish an existing bungalow and replace it with a three-bedroom house. The Coastal Commission had asserted that the public-easement condition was imposed to promote the legitimate state interest of diminishing the "blockage of the view of the ocean" caused by construction of the larger house. The Court held that in evaluating such claims, it must be determined whether an "essential nexus" exists between a legitimate state interest and the permit condition. In a controversial 5-4 ruling, the Supreme Court ruled that a requirement by the CCC was a taking in violation of the Fifth and Fourteenth Amendments. ==Facts == The Nollans owned beachfront property in Ventura County, and wished to replace a bungalow which had fallen into disrepair with a house. As a condition for permits to do so, the California Coastal Commission required that the Nollans dedicate for 20 years a strip of land along the beach in front of their house to allow the public the right of pass and re-pass along the beach (to be enacted only when a public agency agreed to accept management of the ambulatory lateral-access easement). 43 neighbors had granted such easements without litigation; the Nollans, however, believed that the demand was an unconstitutional taking of their property without just compensation, and filed a petition for writ of administrative mandamus asking the Ventura County Superior Court to invalidate the easement stipulation. The CCC argued that the new house would increase blockage of the ocean view and contribute to a “wall of residential structures” which would prevent the public “psychologically from realizing a stretch of coastline exists nearby that they have every right to visit". The Nollans could offset this burden to the public, the CCC argued, by providing additional access to the beach in the form of a dedicated access easement along the beachfront side of their property.〔Myers, David W. (December 14, 1986) ("Court to Decide State's Beach Access Issue" ) ''Los Angeles Times''〕 The Superior Court ruled in favor of the Nollans, declaring “the Commission could impose access conditions on development permits for replacement homes only where the proposed development would have an adverse impact on public access to the sea, and this requirement was not met" (Mandelker 124). The property in question is located along Faria Beach in Ventura County, which, at the time was sparsely developed (in contrast to the , three-story homes along the Malibu beaches where development of the "psychological impediment to public access" argument first occurred). Article X, Section 4 of the California Constitution guaranteed access to the beaches, but a prospective beach-goer might have difficulty seeing the beach or finding public access to it. The walling-off effect, the argument went, created a psychological impediment to public access ensuring that no members of the public would be able to utilize a public resource (access to which is guaranteed by the state constitution). The development pattern, in effect, took a public resource supposedly available to anyone and turned it into the private enclave of the wealthy property owners whose houses lined the beach. The "psychological impediments to public access" became a popular finding in staff reports analyzing projects before the California Coastal Commission, particularly when a proposed development had only a minor physical impact to access by the public but required (for legal adequacy for the staff report and California's Environmental Quality Act and Coastal Act) rational bases for imposition of conditions to help make a proposed development consistent with the environmental laws of the state. The Nollans' property did not present the same conditions found along beaches in Malibu, being less than 4% developed and having smaller, less-intensive development than that along the Malibu shoreline. The condition for approval of the Nollans' Coastal Development Permit was that the applicants record an offer to dedicate a strip of property (generally wide and located landward of the mean high tide)—or, more generally, from the actual edge of the water on any particular day during any given tide along the beach. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Nollan v. California Coastal Commission」の詳細全文を読む スポンサード リンク
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