Nollan v. California

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(Redirected from Nollan v. California Coastal Commission)
Nollan v. California
Court Supreme Court of the United States
Citation 483 U.S. 825
Date decided June 26, 1987

Facts

  • Nollan owned a beach-front property between 2 public beaches in Ventura County, California.
  • Nollan wanted to build a bigger house. So, he applied for a permit from the California Coastal Commission (CCC; "California").
  • California granted the permit to build a larger house with a proviso that Nollan convey an easement allowing the public to cross the beach on his land
  • California found the proposed house of Nollan would block the public's view of the ocean

Procedural History

  • Nollan challenged the conditional permit in state court
  • Nollan won in the trial court, but he lost in the appellate court

Issues

Can a state agency impose a condition on the approval of a private-property owner's land-use permit if there isn't an essential nexus between the condition & a legitimate state interest?

Arguments

Nollan argued that the condition violates the Takings Clause in the 5th Amendment to the U.S. Constitution.

Holding

No; a state agency can't impose a condition on the approval of a private-property owner's land-use permit unless there's an essential nexus between the condition & the legitimate state interest at issue.

Judgment

Reversed

Reasons

Antonin Scalia: if the state told Nollan to convey an easement without compensation, then that would be an un-constitutional taking.

Comments

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