Nollan v. California Coastal Commission
Significance, Mr. And Mrs. Nollan Build Their Dream Home, Limits On The State's Power To Take
James and Marilyn Nollan
California Coastal Commission
That a stipulation by the California Coastal Commission, whereby the appellant was required to grant the public an easement to pass across their beachfront property, constituted a violation of the Takings Clause in the Fifth and Fourteenth Amendments.
Chief Lawyer for Appellant
Robert K. Best
Chief Lawyer for Appellee
Andrea Sheridan Ordin, Chief Assistant Attorney General of California
Justices for the Court
Sandra Day O'Connor, Lewis F. Powell, Jr., William H. Rehnquist, Antonin Scalia (writing for the Court), Byron R. White
Harry A. Blackmun, William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens
Date of Decision
26 June 1987
The Court ruled that although the commission's conditioning of appellant's rebuilding permit on the granting of a public easement might have been lawful if it had "substantially furthered governmental purposes," the measure in question did not. Rather, it constituted a violation of the Takings Clause in the Fifth Amendment, and was therefore struck down by the Court.
- Hall, Kermit L., ed. The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press, 1992.
- Witt, Elder. Congressional Quarterly's Guide to the U.S. Supreme Court, 2nd ed. Washington, DC: Congressional Quarterly, Inc., 1990.
- Witt, Elder. The Supreme Court A to Z. CQ's Encyclopedia of American Government, rev. ed. Washington, DC: Congressional Quarterly, Inc., 1994.
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- Nollan v. California Coastal Commission - Significance
- Nollan v. California Coastal Commission - Mr. And Mrs. Nollan Build Their Dream Home
- Nollan v. California Coastal Commission - Limits On The State's Power To Take
- Nollan v. California Coastal Commission - Dissent: "it Is Private Landowners Who Are The Interlopers"
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