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Beach rights everyone’s concern

I know that the rights of those whiny rich folks who live on the beach, as far as the main stream media is concerned, are inconsequential. But for us non-beach owners in Malibu, we had better get concerned; if our heads and mouths don’t get engaged, our wallets are soon going to be.

Let’s start by agreeing that once Chair Wan gets her way and the LCP is shoved down our collective throats, the next issue is that the Coastal Commission will follow up on those tender mercies by drafting ordinances which the City will have no option but to adopt. The City will thus have to enforce what Chair Wan tells us to do.

Now, folks, all open your draft LCP (you know, that task gleefully given to the Commission by the legislature in AB 998) to Sections 2.65 and 2.67. Section 2.65 tells us that before any developmental permit which may impact on beach access is granted, an easement between the MHTL (remember from my last letter – Mean High Tide Line) and the forward edge of the development (that means drip line, patio, porch or wall) “shall be required”. Poof – the private rights on the beach have just gone. Section 2.67 tells the City it can issue no developments permits unless there’s an easement within 500 feet or one is excised (really extorted) from the petitioning owner. About 15 years ago in a decision called Nollan, the United States Supreme Court told the Coastal Commission that was an unconstitutional taking. The California Constitution grants ownership rights to the MHTL. Chair Wan and her sycophants know this – but, what the hell, it’s time to screw Malibu again!

Still not sympathetic with the beach folks? What happens when some owner is up to his ears with the requirement? He sues the City to get the requirement the Commission has forced upon it reversed. Because of Nollan, he wins. He recovers damages and attorney fees. Guess who gets to pay them? How’s your property tax bill looking? Be prepared for an increase. I guess it’s small consolation that Chair Wan, who lives on Carbon Mesa, gets to pay them also; our City has better things to do with its time and tax dollars.

Remember this when your friendly politicians come looking for your donations – ask them how they voted on AB 998 and if you get the answer I think you’ll get, tell them to go fly a kite!

Todd M. Sloan

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The Malibu Times is the first newspaper in Malibu, serving the community since 1946.

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