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June 30, 2006 -

No Boaters’ Right To View

Reviewing a court ruling blocking development of coastal property, the Second District of California’s Appellate Court held yesterday that no “boater’s right to view” exists under California law. The decision in Schneider v. California Coastal Commission returns the matter to the Commission to review using those standards set by the legislature, which did not include the boater’s right previously relied upon by the Commission in this case. Schneider first began this attempt to build a home in San Luis Obispo county in 1997.

The Appellate Court didn’t have much sympathy for the Commission, despite some sensitivity to the size of the proposed home (10,000 square feet) and the undeveloped status of the area, writing that:

The Coastal Commission has subordinated a landowner’s real property rights to the occasional boater’s “right to a view” of the coastline. If and when the California Legislature expressly codifies a boater’s “right to a view” of the coastline, the courts can and will lawfully give it credence. But the Coastal Commission is not empowered to legislate a boater’s “right to a view” of the coastline.

Justice Yegan’s opinion also clarified that “[i]n construing [the relevant law], we look to California law not the State of Maine or the U.S. Sailing Association” referring to the Commission’s claims from these non-parties that the view of the coast from occasional passing boaters required their protection.

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Celebrating Independence

Field research in progress.  Hope you’re having a great holiday weekend.

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Interesting Sites

Beachapedia.org Beachapedia
Cal. Coastal Commission Like them or not, they are one of the biggest players around when it comes to coastal access in California.
Howling Point Your moderator’s personal site. He does have a life outside of this, as shown by the occasional gaps in posting.
Surfrider Foundation Activities and campaigns for clean water, beach access, beach preservation and protecting special places.