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Article: What property rights: the California Coastal Commission's history of abusing land rights and some thoughts on the underlying causes.
- Article from:
- UCLA Journal of Environmental Law & Policy
- Article date:
- December 22, 2004
- Author:
CopyrightCOPYRIGHT 2004 University of California at Los Angeles, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I.
INTRODUCTION
When California enacted the California Coastal Act of 1976 (Act), (2) and created the California Coastal Commission (Commission) to implement the policies of that Act, it attempted to ensure a balanced approach toward future development along the coast. In particular, the Act empowered the Commission to weigh environmentally-minded conservation goals against economic needs and private property rights in determining how development should proceed. (3) Portions of the Act specifically preclude the Commission from applying the Act in a manner that offends constitutional protections for private property. (4)
After twenty-five years, ...