Reply to post: Re: Eminent domain

We’ve had enough of your beach-blocking shenanigans, California tells stubborn Sun co-founder: Kiss our lawsuit

MachDiamond Silver badge

Re: Eminent domain

Most properties in the US have an easement for roads, utilities, etc. The property owner "owns" all of their land often extending across the pavement or even to the middle of the road, but it's lined off for public access. I think it just made it easier to draw in the days of paper maps.

The State can just proclaim that there has been an implied easement for beach access if it can't be shown there was something in official plans/property deeds. The state could come in and construct some improvements, signage, etc and if this entitled PIA messed with that, it would be destruction of public property and subject to a fine and jail.

The last thing the state could do is foreclose under eminent domain and pay him a 'fair' price. Unbuildable land, environmental restrictions, blah, blah, here's your dollar. Oh by the way, your home doesn't look the same as the plans on file. We'll be sending the building department around to check that all of your construction is permitted.

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