Legal battles on the California coast: A review of the rules

Abstract

Notions of private property have both legal and political importance. In California, as elsewhere in the United States, these ideas are changing. The rate and direction of this evolution is not different on the coast. But the intense heat generated by competing coastal interests does tend to illuminate these issues more clearly on the coast. The full range of these issues has been raised in California, where an historic attempt is now being made to plan and manage the use of coastal resources. In January 1976 the California Legislature will be presented with a coastal plan which promises to inflame the passions of traditional property rights advocates and environmental zealots alike. Much of the rhetoric surrounding this political struggle is already being couched in legal terms. In an effort to delineate a few of the genuine legal issues raised in this planning process, this article summarizes the law of California which is relevant in defining the permitted scope of public regulatory power over private land use.