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In Nollan v.California Coastal Commission, 483 U.S. 825 (1987), the United States Supreme Court ruled that a California Coastal Commission regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow was unconstitutional.
The process, which varies between cities and states in the United States, is often used for large-scale real estate development, where alleys cutting through city blocks are closed for a large building. City laws may require public benefits and other types of compensation in exchange for the approval of a street vacation. [1] [2] [3]
Salahutdin, the Florida homeowner, sued the City of St. Petersburg in 2023 over a failure to record an easement on his property. The easement contains pipes that supply water to 360,000 residents.
Right of way drawing of U.S. Route 25E for widening project, 1981 Right of way highway marker in Athens, Georgia Julington-Durbin Peninsula Powerline Right of Way. A right of way (also right-of-way) is a transportation corridor along which people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". [1] An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
The California Coastal Commission (CCC) is a state agency within the California Natural Resources Agency with quasi-judicial control of land and public access along the state's 1,100 miles (1,800 km) of coastline. Its mission as defined in the California Coastal Act is "to protect, conserve, restore, and enhance the environment of the ...