¹Mr. Hartley has been a member of the California Bar since 1999 and moderator/webmaster of beachlaw.info since 2003. A California native, he is a 1999 graduate of the University of Idaho College of Law, and received his B.A. from the University of California at Berkeley in 1986 with a double major in Political Science and Geography.

²Webster’s New World Dictionary, Second College Edition, 121 (2nd ed. 1980)

³The Columbia Encyclopedia, “beach”(Sixth ed. 2001)

⁴Los Angeles Times, “A Malibu Civics Lesson, Beach Is Open”(August 25, 2003)

⁵Nollan v. California Coastal Comm’n (1987) 483 U.S. 825, 829.

⁶Carstens v. California Coastal Comm. (1986) 182 Cal.App.3d 277, 288. See also Witken: California Law, Real Property, section 7

⁷California Constitution, Article X, section 4. See also Carstens v. California Coastal Comm. (1986) 182 Cal.App.3d 277.

⁸Quoting the opinion in Carstens v. California Coastal Comm. (1986) 182 Cal.App.3d 277, 284, not Carstens directly.

⁹Carstens v. California Coastal Comm. (1986) 182 Cal.App.3d 277, 288.

¹⁰Carstens v. California Coastal Comm. (1986) 182 Cal.App.3d 277, 289. Citations omitted.

¹¹San Francisco v. Scott (1854) 4 Cal. 114, 116.

¹²County of Los Angeles v. Berk (1980) 26 Cal.3d 201, 213.

¹³Gion v. City of Santa Cruz (1970) 2 Cal.3d 29.

¹⁴In 2004 this is located immediately west of Lighthouse State Beach, and would be considered prime real estate.

¹⁵Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, 34.

¹⁶Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, 35.

¹⁷Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, 35.

¹⁸Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, 38.

¹⁹Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, 43.

²⁰County of Los Angeles v. Berk (1980) 26 Cal.3d 201, 217.

²¹County of Los Angeles v. Berk (1980) 26 Cal.3d 201, 216.

²²Cal. Civ.Code � 1009(a)(2).

²³Cal. Civ.Code � 1009(a)(1).

²⁴Cal. Civ.Code � 813.

²⁵Cal. Civ.Code � 1008.

²⁶Cal. Civ.Code � 1009(f)(1).

²⁷Cal. Civ.Code � 1009(g).

²⁸Cal. Pub. Res. Code � 30000 et seq.

²⁹Defined at Cal. Pub. Res. Code � 30106 as �on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

³⁰Defined at Cal. Pub. Res. Code � 30103. (a) as �that land and water area of the State of California from the Oregon border to the border of the Republic of Mexico, ... extending seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The coastal zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area.�

³¹See Lucas v. South Carolina Coastal Council (1991) 505 US 1003, a case based on South Carolina�s coastal access laws.

³²Nollan v. California Coastal Comm�n (1987) 483 U.S. 825.

³³Leased with an option to purchase, and eventually purchased.

³⁴Nollan v. California Coastal Comm�n (1987) 483 U.S. 825, 828.

³⁵Carstens v. California Coastal Comm. (1986) 182 Cal.App.3d 277, 288.Nollan v. California Coastal Comm�n (1987) 483 U.S. 825, 838-9.