Legal Issues
The Supreme Court of the United States ruled in the 1987 case of Nollan v. California Coastal Commission that if the state of California through its regulatory agency, the California Coastal Commission, thinks an easement on private land is a good idea and a valuable public purpose, they should use eminent domain and pay for it, as opposed to demanding concessions from a land owner in exchange for a building permit. The court considered that "an out and out plan of extortion" of property. In the case, the owners of beachfront property were required to grant an easement for public access to facilitate pedestrian access to public beaches as a condition of permit approval to enlarge their home. The court, in a narrow decision, ruled that an "essential nexus" must exist between the asserted "legitimate state interest” and the permit condition imposed by government.
Read more about this topic: California Coastal Commission
Famous quotes containing the words legal and/or issues:
“The steps toward the emancipation of women are first intellectual, then industrial, lastly legal and political. Great strides in the first two of these stages already have been made of millions of women who do not yet perceive that it is surely carrying them towards the last.”
—Ellen Battelle Dietrick, U.S. suffragist. As quoted in History of Woman Suffrage, vol. 4, ch. 13, by Susan B. Anthony and Ida Husted Harper (1902)
“Your toddler will be “good” if he feels like doing what you happen to want him to do and does not happen to feel like doing anything you would dislike. With a little cleverness you can organize life as a whole, and issues in particular, so that you both want the same thing most of the time.”
—Penelope Leach (20th century)