Posted on 07/02/2006 10:23:49 AM PDT by NormsRevenge
A state appeals court has ruled that a landowner can build his dream home on an oceanfront cliff along the Central Coast despite attempts to block the construction because it would be an eyesore for boaters and surfers.
The California Coastal Commission sued Dennis Schneider, trying to stop construction of his 10,000 square foot mansion in San Luis Obispo County.
In a unanimous opinion Wednesday, the 2nd District Court of Appeal said there were no grounds to restrict seaside development.
"We believe that it is unreasonable to assume that the Legislature has ever sought to protect the occasional boater's views of the coastline at the expense of a coastal landowner," the judges wrote.
An attorney for Schneider, a San Luis Obispo engineer, hailed the decision as a victory for property owners and a defeat for Coastal Commission officials trying to arbitrarily restrict development.
Private property still exists in CA... for now.
I am involved in land use planning in Northern California on occasion and it always amazes me how people will decide that their view of a hilltop is more important than the owner's use of his own land.
The most amazing feat of hypocrisy though, (and I have personally experienced this) is the guy that moves up to the mountains from his Bay Area home and builds a home up on a ridgeline viewing the beautiful North Fork American River Canyon. He loves it. All of his liberal friends from the BA come up to visit him. He is in heaven.
Then one day, he notices a tractor on the hilltop across the canyon taking out trees. "What?!?!?.. WHAT ARE THEY DOING TO MY VIEW!?!??"
He immediately goes down to the planning department and claims that his view is being destroyed by that house on the ridge across from his home.
That is the overt action of a hypocrite. The more subtle approach is to build the home, then get involved in local environmental groups who oppose all future building of homes up on ridgelines. Or they oppose building in general. After all, they all have homes.
And then the final hypocrisy, they write letters to the editor of the local paper decrying the high prices of homes in the area after they have managed to shut down all building.
All the more reason folks ought to step up and vote in
November.
There is an Eminent Domian initiative that deserves our support as well as a parental notification initiative that barely failed last election.
The only obligaion that the homeowner has to lovers of the scenery is to make sure that the home is safely built and visually appealing.
I'm pretty sure that a guy that can build a ten thousand square foot home with ocean frontage will not build a tin roof shack with goats in the front yard.
As for safely built, that is the safety of the property owner, that is also the owners look out since he/she will be the one living in it.
I dislike, and fight against them every change I get, all restrictions to property owners that don't actually have safety of others as the main theme.
He should be able to if he wants though.
Around here there are rules to protect the bay, set backs and limits on size, How many trees you have to plant problems with perc tests, limits as to deck size . I have found that money will get you by any rules there is, if you spread around enough of it. I see violations every day and they always come up with an excuse no one else ever heard of.
Look on the bright side Ca. Commission. The state of Ca. will 'extort' boatloads of tax $$ from the owner. Need more cash to fund the socialist programs....got to soak the rich for the 'fair share'.
Occasionally : )
I have been fighting them for 27 years.
Being a liberal means never having to say, "it's my fault."
Dream on. This decision will be overruled by the Ninth Circus. The case will go to the SCOTUS, which will rule 5-4 that since the Legislature created this problem, it alone can fix it.
It's not that simple. The for "now" part. Property rights went out the window in 1972 when the Coastal Commission was created. They've been running roughshod over private owners ever since, even miles away from the coast...
Unconstitutional from the getgo; joined by the environmental laws at the federal level.
Over three decades of the destruction of the concept of private property that would make any fascist system proud; the classic fascist definition.
I assume eventually they will all flee or will be dealt with. Bureaucrat and appointed storm troopers alike.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.