For the last six months, the rebuilding from the fires in the Palisades has >proceeded-- unreasonably slowly, to be sure, but proceeded nevertheless. The >same is true in Altadena, the site of the second great fire last January. But >the residents of Malibu have been frozen in time by the state. Nothing is >happening. No debris clean-up, no environmental studies, permit applications >are held in limbo, etc. And now the residents are hearing rumors of the reason >for this: the state of California doesn't like people living on the beach. >State bureaucrats have always taken a dim view of homes built right on the >shoreline but haven't been able to do anything about it because those homes >were built in an era when people were mostly free to do as they liked and the >massive regulatory state didn't exist. . . .
BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in the Palisades has >> proceeded-- unreasonably slowly, to be sure, but proceeded nevertheless. The >> same is true in Altadena, the site of the second great fire last January. But
the residents of Malibu have been frozen in time by the state. Nothing is
happening. No debris clean-up, no environmental studies, permit applications >> are held in limbo, etc. And now the residents are hearing rumors of the
reason
for this: the state of California doesn't like people living on the beach. >> State bureaucrats have always taken a dim view of homes built right on the >> shoreline but haven't been able to do anything about it because those homes >> were built in an era when people were mostly free to do as they liked and the
massive regulatory state didn't exist. . . .
I don't think you characterized this correctly. It's my understanding
that there never were exclusive riparian rights and that the public
always had access to the beaches but the state never enforced it to
appeased wealthy people who illegally grabbed the beaches for
themselves.
The public was excluded but it was illegal to do so, but that's not like
the Great Lakes in which the law is completely muddled, that the public
can be legally excluded, and when lots were sold off in Chicago, lots on partly or entirely submerged lands were sold off because no one bothered
to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be
unreasonable, and I'm sure you're correct.
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>:
BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in the
Palisades has proceeded-- unreasonably slowly, to be sure, but
proceeded nevertheless. The same is true in Altadena, the site of
the second great fire last January. But the residents of Malibu have
been frozen in time by the state. Nothing is happening. No debris >>>clean-up, no environmental studies, permit applications are held in >>>limbo, etc. And now the residents are hearing rumors of the reason for >>>this: the state of California doesn't like people living on the beach. >>>State bureaucrats have always taken a dim view of homes built right on >>>the shoreline but haven't been able to do anything about it because
those homes were built in an era when people were mostly free to do
as they liked and the massive regulatory state didn't exist. . . .
I don't think you characterized this correctly. It's my understanding
that there never were exclusive riparian rights and that the public
always had access to the beaches but the state never enforced it to >>appeased wealthy people who illegally grabbed the beaches for
themselves.
The public was excluded but it was illegal to do so, but that's not like >>the Great Lakes in which the law is completely muddled, that the public
can be legally excluded, and when lots were sold off in Chicago, lots on >>partly or entirely submerged lands were sold off because no one bothered
to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the >>shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be
unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the water is >public property and cannot be owned by anyone from the Mexico border up to >Oregon. (Technically, there's an exception for the federal government in >places like the SEAL training base in Coronado, the Army depot at Point Dume, >the Marine Corps base at Camp Pendleton, etc. The federal government does own >those beaches and can exclude the public from them, especially during live >military exercises.) . . .
BTR1701 <atropos@mac.com> wrote:
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>:
BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in the
Palisades has proceeded-- unreasonably slowly, to be sure, but
proceeded nevertheless. The same is true in Altadena, the site of
the second great fire last January. But the residents of Malibu have
been frozen in time by the state. Nothing is happening. No debris
clean-up, no environmental studies, permit applications are held in
limbo, etc. And now the residents are hearing rumors of the reason for >>>> this: the state of California doesn't like people living on the beach. >>>> State bureaucrats have always taken a dim view of homes built right on >>>> the shoreline but haven't been able to do anything about it because
those homes were built in an era when people were mostly free to do
as they liked and the massive regulatory state didn't exist. . . .
I don't think you characterized this correctly. It's my understanding
that there never were exclusive riparian rights and that the public
always had access to the beaches but the state never enforced it to
appeased wealthy people who illegally grabbed the beaches for
themselves.
The public was excluded but it was illegal to do so, but that's not like >>> the Great Lakes in which the law is completely muddled, that the public
can be legally excluded, and when lots were sold off in Chicago, lots on >>> partly or entirely submerged lands were sold off because no one bothered >>> to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the
shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be
unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the water is >> public property and cannot be owned by anyone from the Mexico border up to >> Oregon. (Technically, there's an exception for the federal government in
places like the SEAL training base in Coronado, the Army depot at Point Dume,
the Marine Corps base at Camp Pendleton, etc. The federal government does own
those beaches and can exclude the public from them, especially during live >> military exercises.) . . .
Thanks for all tnat. We're under that weird Supreme Court ruling that
tried to interpret whether a common law rule establishing riparian
rights which wasn't based on parliamentary law but royal decree. The
decree established riparian rights to the center of water, which might
have made sense if a small creek divided ajacent lots, but sure as hell
does not make sense for the Great Lakes or even a navigable river.
Did common law even apply? Did the federal government's rights get
inherited by Illinois? I've tried to follow but I get bogged down.
But we lack access rights except from a public beach and these do get blocked.
So, exactly how far back from the high water mark is California trying
to preclude rebuilding? It may not be a bad idea but it had damn well
better compensate land owners.
On May 28, 2025 at 3:41:33 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:
BTR1701 <atropos@mac.com> wrote:
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>:
BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in the
Palisades has proceeded-- unreasonably slowly, to be sure, but
proceeded nevertheless. The same is true in Altadena, the site of
the second great fire last January. But the residents of Malibu have >>>>> been frozen in time by the state. Nothing is happening. No debris
clean-up, no environmental studies, permit applications are held in
limbo, etc. And now the residents are hearing rumors of the reason for >>>>> this: the state of California doesn't like people living on the beach. >>>>> State bureaucrats have always taken a dim view of homes built right on >>>>> the shoreline but haven't been able to do anything about it because
those homes were built in an era when people were mostly free to do
as they liked and the massive regulatory state didn't exist. . . .
I don't think you characterized this correctly. It's my understanding
that there never were exclusive riparian rights and that the public
always had access to the beaches but the state never enforced it to
appeased wealthy people who illegally grabbed the beaches for
themselves.
The public was excluded but it was illegal to do so, but that's not like >>>> the Great Lakes in which the law is completely muddled, that the public >>>> can be legally excluded, and when lots were sold off in Chicago, lots on >>>> partly or entirely submerged lands were sold off because no one bothered >>>> to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the >>>> shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be
unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the water is >>> public property and cannot be owned by anyone from the Mexico border up to >>> Oregon. (Technically, there's an exception for the federal government in >>> places like the SEAL training base in Coronado, the Army depot at Point Dume,
the Marine Corps base at Camp Pendleton, etc. The federal government does own
those beaches and can exclude the public from them, especially during live >>> military exercises.) . . .
Thanks for all tnat. We're under that weird Supreme Court ruling that
tried to interpret whether a common law rule establishing riparian
rights which wasn't based on parliamentary law but royal decree. The
decree established riparian rights to the center of water, which might
have made sense if a small creek divided ajacent lots, but sure as hell
does not make sense for the Great Lakes or even a navigable river.
Did common law even apply? Did the federal government's rights get
inherited by Illinois? I've tried to follow but I get bogged down.
But we lack access rights except from a public beach and these do get
blocked.
So, exactly how far back from the high water mark is California trying
to preclude rebuilding? It may not be a bad idea but it had damn well
better compensate land owners.
They (theoretically, just rumors, remember) want to take the whole thing from >the west/south side of Pacific Coast Highway to the water.
E.g., in the below photo, everything south of the roadway would be condemned >and appropriated by the state.
https://ibb.co/9Stqkg1
On May 28, 2025 at 3:41:33 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:
BTR1701 <atropos@mac.com> wrote:
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>:
BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in the
Palisades has proceeded-- unreasonably slowly, to be sure, but
proceeded nevertheless. The same is true in Altadena, the site of
the second great fire last January. But the residents of Malibu have >>>>> been frozen in time by the state. Nothing is happening. No debris
clean-up, no environmental studies, permit applications are held in
limbo, etc. And now the residents are hearing rumors of the reason for >>>>> this: the state of California doesn't like people living on the beach. >>>>> State bureaucrats have always taken a dim view of homes built right on >>>>> the shoreline but haven't been able to do anything about it because
those homes were built in an era when people were mostly free to do
as they liked and the massive regulatory state didn't exist. . . .
I don't think you characterized this correctly. It's my understanding
that there never were exclusive riparian rights and that the public
always had access to the beaches but the state never enforced it to
appeased wealthy people who illegally grabbed the beaches for
themselves.
The public was excluded but it was illegal to do so, but that's not like >>>> the Great Lakes in which the law is completely muddled, that the public >>>> can be legally excluded, and when lots were sold off in Chicago, lots on >>>> partly or entirely submerged lands were sold off because no one bothered >>>> to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the >>>> shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be
unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the water is >>> public property and cannot be owned by anyone from the Mexico border up to >>> Oregon. (Technically, there's an exception for the federal government in >>> places like the SEAL training base in Coronado, the Army depot at Point Dume,
the Marine Corps base at Camp Pendleton, etc. The federal government does own
those beaches and can exclude the public from them, especially during live >>> military exercises.) . . .
Thanks for all tnat. We're under that weird Supreme Court ruling that
tried to interpret whether a common law rule establishing riparian
rights which wasn't based on parliamentary law but royal decree. The
decree established riparian rights to the center of water, which might
have made sense if a small creek divided ajacent lots, but sure as hell
does not make sense for the Great Lakes or even a navigable river.
Did common law even apply? Did the federal government's rights get
inherited by Illinois? I've tried to follow but I get bogged down.
But we lack access rights except from a public beach and these do get
blocked.
So, exactly how far back from the high water mark is California trying
to preclude rebuilding? It may not be a bad idea but it had damn well
better compensate land owners.
They (theoretically, just rumors, remember) want to take the whole thing from >the west/south side of Pacific Coast Highway to the water.
E.g., in the below photo, everything south of the roadway would be condemned >and appropriated by the state.
https://ibb.co/9Stqkg1
On Thu, 29 May 2025 00:12:25 -0000 (UTC), BTR1701 <atropos@mac.com>
wrote:
On May 28, 2025 at 3:41:33 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:
BTR1701 <atropos@mac.com> wrote:
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>:
BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in the
Palisades has proceeded-- unreasonably slowly, to be sure, but
proceeded nevertheless. The same is true in Altadena, the site of >>>>>> the second great fire last January. But the residents of Malibu have >>>>>> been frozen in time by the state. Nothing is happening. No debris >>>>>> clean-up, no environmental studies, permit applications are held in >>>>>> limbo, etc. And now the residents are hearing rumors of the reason for >>>>>> this: the state of California doesn't like people living on the beach. >>>>>> State bureaucrats have always taken a dim view of homes built right on >>>>>> the shoreline but haven't been able to do anything about it because >>>>>> those homes were built in an era when people were mostly free to do >>>>>> as they liked and the massive regulatory state didn't exist. . . .
I don't think you characterized this correctly. It's my understanding >>>>> that there never were exclusive riparian rights and that the public >>>>> always had access to the beaches but the state never enforced it to >>>>> appeased wealthy people who illegally grabbed the beaches for
themselves.
The public was excluded but it was illegal to do so, but that's not like >>>>> the Great Lakes in which the law is completely muddled, that the public >>>>> can be legally excluded, and when lots were sold off in Chicago, lots on >>>>> partly or entirely submerged lands were sold off because no one bothered >>>>> to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the >>>>> shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be
unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the water is
public property and cannot be owned by anyone from the Mexico border up to
Oregon. (Technically, there's an exception for the federal government in >>>> places like the SEAL training base in Coronado, the Army depot at Point >>>> Dume,
the Marine Corps base at Camp Pendleton, etc. The federal government does >>>> own
those beaches and can exclude the public from them, especially during live
military exercises.) . . .
Thanks for all tnat. We're under that weird Supreme Court ruling that
tried to interpret whether a common law rule establishing riparian
rights which wasn't based on parliamentary law but royal decree. The
decree established riparian rights to the center of water, which might
have made sense if a small creek divided ajacent lots, but sure as hell >>> does not make sense for the Great Lakes or even a navigable river.
Did common law even apply? Did the federal government's rights get
inherited by Illinois? I've tried to follow but I get bogged down.
But we lack access rights except from a public beach and these do get
blocked.
So, exactly how far back from the high water mark is California trying
to preclude rebuilding? It may not be a bad idea but it had damn well
better compensate land owners.
They (theoretically, just rumors, remember) want to take the whole thing from
the west/south side of Pacific Coast Highway to the water.
E.g., in the below photo, everything south of the roadway would be condemned >> and appropriated by the state.
https://ibb.co/9Stqkg1
That is a lot of land
A lot of very expensive land.
For the last six months, the rebuilding from the fires in the Palisades has proceeded-- unreasonably slowly, to be sure, but proceeded nevertheless. The same is true in Altadena, the site of the second great fire last January. But the residents of Malibu have been frozen in time by the state. Nothing is happening. No debris clean-up, no environmental studies, permit applications are held in limbo, etc. And now the residents are hearing rumors of the reason
for this: the state of California doesn't like people living on the beach. State bureaucrats have always taken a dim view of homes built right on the shoreline but haven't been able to do anything about it because those homes were built in an era when people were mostly free to do as they liked and the massive regulatory state didn't exist. But these fires have given them the perfect excuse to do what they've always wanted to do: kick all those people off the beach, seize their homes and property and demolish them.
Even people whose homes were spared by the fires are hearing from their insurance agents and sources within the government that the state is preparing
to seize their land.
https://www.facebook.com/stevegrubershow/videos/is-california-poised-to-steal-malibu-from-residentsthere-are-rumors-that-califor/9562643043861347/
Of course if the state does do this, it will be required under the 5th Amendment to compensate property owners for the seizure at full market value. The guy in the video, his property alone is assessed at $40 million. So the state is looking at having to pay billions if it wants all that land back and they're pretty much bankrupt as it is. Gavvy Newsom is scrambling around looking for money anywhere he can find it just to keep the lights on in Sacramento, so where they think they're going to find the money to do this is anyone's guess.
And just from a base political perspective, the people that own these homes are not itinerant migrants with no resources and no political clout, like the neighborhoods in Chavez Ravine that they seized back in the 1950s to build Dodger Stadium. These are some of the richest and most connected people in America and if the state is really planning to do this, the politicians behind
it have some serious balls to steal the homes of the country's most powerful people.
But it's just rumors for now.
On May 28, 2025 at 6:43:17 PM PDT, "shawn" <nanoflower@notforg.m.a.i.l.com> wrote:
On Thu, 29 May 2025 00:12:25 -0000 (UTC), BTR1701 <atropos@mac.com>
wrote:
On May 28, 2025 at 3:41:33 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:
BTR1701 <atropos@mac.com> wrote:
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>: >>>>>> BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in theI don't think you characterized this correctly. It's my understanding >>>>>> that there never were exclusive riparian rights and that the public >>>>>> always had access to the beaches but the state never enforced it to >>>>>> appeased wealthy people who illegally grabbed the beaches for
Palisades has proceeded-- unreasonably slowly, to be sure, but >>>>>>> proceeded nevertheless. The same is true in Altadena, the site of >>>>>>> the second great fire last January. But the residents of Malibu have >>>>>>> been frozen in time by the state. Nothing is happening. No debris >>>>>>> clean-up, no environmental studies, permit applications are held in >>>>>>> limbo, etc. And now the residents are hearing rumors of the reason for
this: the state of California doesn't like people living on the beach.
State bureaucrats have always taken a dim view of homes built right on
the shoreline but haven't been able to do anything about it because >>>>>>> those homes were built in an era when people were mostly free to do >>>>>>> as they liked and the massive regulatory state didn't exist. . . . >>>>
themselves.
The public was excluded but it was illegal to do so, but that's not like
the Great Lakes in which the law is completely muddled, that the public
can be legally excluded, and when lots were sold off in Chicago, lots on
partly or entirely submerged lands were sold off because no one bothered
to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the
shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be
unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the water is
public property and cannot be owned by anyone from the Mexico border up to
Oregon. (Technically, there's an exception for the federal government in
places like the SEAL training base in Coronado, the Army depot at Point >>>>> Dume,
the Marine Corps base at Camp Pendleton, etc. The federal government does
own
those beaches and can exclude the public from them, especially during live
military exercises.) . . .
Thanks for all tnat. We're under that weird Supreme Court ruling that >>>> tried to interpret whether a common law rule establishing riparian
rights which wasn't based on parliamentary law but royal decree. The >>>> decree established riparian rights to the center of water, which might >>>> have made sense if a small creek divided ajacent lots, but sure as hell >>>> does not make sense for the Great Lakes or even a navigable river.
Did common law even apply? Did the federal government's rights get
inherited by Illinois? I've tried to follow but I get bogged down.
But we lack access rights except from a public beach and these do get >>>> blocked.
So, exactly how far back from the high water mark is California trying >>>> to preclude rebuilding? It may not be a bad idea but it had damn well >>>> better compensate land owners.
They (theoretically, just rumors, remember) want to take the whole thing from
the west/south side of Pacific Coast Highway to the water.
E.g., in the below photo, everything south of the roadway would be condemned
and appropriated by the state.
https://ibb.co/9Stqkg1
That is a lot of land
A lot of very expensive land.
Yeah, that's the one thing that makes me think it's just a pipe dream for them. Yes, they'd love to do it, but financially it's a non-starter given the state's current dire economic situation.
On May 28, 2025 at 6:43:17 PM PDT, "shawn" <nanoflower@notforg.m.a.i.l.com> >wrote:
On Thu, 29 May 2025 00:12:25 -0000 (UTC), BTR1701 <atropos@mac.com>
wrote:
On May 28, 2025 at 3:41:33 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com> wrote:
BTR1701 <atropos@mac.com> wrote:
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>:
BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in theI don't think you characterized this correctly. It's my understanding >>>>>> that there never were exclusive riparian rights and that the public >>>>>> always had access to the beaches but the state never enforced it to >>>>>> appeased wealthy people who illegally grabbed the beaches for
Palisades has proceeded-- unreasonably slowly, to be sure, but
proceeded nevertheless. The same is true in Altadena, the site of >>>>>>> the second great fire last January. But the residents of Malibu have >>>>>>> been frozen in time by the state. Nothing is happening. No debris >>>>>>> clean-up, no environmental studies, permit applications are held in >>>>>>> limbo, etc. And now the residents are hearing rumors of the reason for >>>>>>> this: the state of California doesn't like people living on the beach. >>>>>>> State bureaucrats have always taken a dim view of homes built right on >>>>>>> the shoreline but haven't been able to do anything about it because >>>>>>> those homes were built in an era when people were mostly free to do >>>>>>> as they liked and the massive regulatory state didn't exist. . . . >>>>
themselves.
The public was excluded but it was illegal to do so, but that's not like
the Great Lakes in which the law is completely muddled, that the public >>>>>> can be legally excluded, and when lots were sold off in Chicago, lots on
partly or entirely submerged lands were sold off because no one bothered
to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the >>>>>> shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be
unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the water is
public property and cannot be owned by anyone from the Mexico border up to
Oregon. (Technically, there's an exception for the federal government in >>>>> places like the SEAL training base in Coronado, the Army depot at Point >>>>> Dume,
the Marine Corps base at Camp Pendleton, etc. The federal government does
own
those beaches and can exclude the public from them, especially during live
military exercises.) . . .
Thanks for all tnat. We're under that weird Supreme Court ruling that >>>> tried to interpret whether a common law rule establishing riparian
rights which wasn't based on parliamentary law but royal decree. The
decree established riparian rights to the center of water, which might >>>> have made sense if a small creek divided ajacent lots, but sure as hell >>>> does not make sense for the Great Lakes or even a navigable river.
Did common law even apply? Did the federal government's rights get
inherited by Illinois? I've tried to follow but I get bogged down.
But we lack access rights except from a public beach and these do get >>>> blocked.
So, exactly how far back from the high water mark is California trying >>>> to preclude rebuilding? It may not be a bad idea but it had damn well >>>> better compensate land owners.
They (theoretically, just rumors, remember) want to take the whole thing from
the west/south side of Pacific Coast Highway to the water.
E.g., in the below photo, everything south of the roadway would be condemned
and appropriated by the state.
https://ibb.co/9Stqkg1
That is a lot of land
A lot of very expensive land.
Yeah, that's the one thing that makes me think it's just a pipe dream for >them. Yes, they'd love to do it, but financially it's a non-starter given the >state's current dire economic situation.
On 2025-05-28 10:18 PM, BTR1701 wrote:
On May 28, 2025 at 6:43:17 PM PDT, "shawn" <nanoflower@notforg.m.a.i.l.com> >> wrote:All they have to do is think of a reason to seize the land that exempts
On Thu, 29 May 2025 00:12:25 -0000 (UTC), BTR1701 <atropos@mac.com>
wrote:
On May 28, 2025 at 3:41:33 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com> >>>> wrote:
BTR1701 <atropos@mac.com> wrote:
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>: >>>>>>> BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in the >>>>>>>> Palisades has proceeded-- unreasonably slowly, to be sure, but >>>>>>>> proceeded nevertheless. The same is true in Altadena, the site of >>>>>>>> the second great fire last January. But the residents of Malibu haveI don't think you characterized this correctly. It's my understanding
been frozen in time by the state. Nothing is happening. No debris >>>>>>>> clean-up, no environmental studies, permit applications are held in >>>>>>>> limbo, etc. And now the residents are hearing rumors of the reason for
this: the state of California doesn't like people living on the beach.
State bureaucrats have always taken a dim view of homes built right on
the shoreline but haven't been able to do anything about it because >>>>>>>> those homes were built in an era when people were mostly free to do >>>>>>>> as they liked and the massive regulatory state didn't exist. . . . >>>>>
that there never were exclusive riparian rights and that the public >>>>>>> always had access to the beaches but the state never enforced it to >>>>>>> appeased wealthy people who illegally grabbed the beaches for >>>>>>> themselves.
The public was excluded but it was illegal to do so, but that's not like
the Great Lakes in which the law is completely muddled, that the public
can be legally excluded, and when lots were sold off in Chicago, lots on
partly or entirely submerged lands were sold off because no one bothered
to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the
shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be >>>>>>> unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the water is
public property and cannot be owned by anyone from the Mexico border up to
Oregon. (Technically, there's an exception for the federal government in
places like the SEAL training base in Coronado, the Army depot at Point
Dume,
the Marine Corps base at Camp Pendleton, etc. The federal government does
own
those beaches and can exclude the public from them, especially during live
military exercises.) . . .
Thanks for all tnat. We're under that weird Supreme Court ruling that >>>>> tried to interpret whether a common law rule establishing riparian >>>>> rights which wasn't based on parliamentary law but royal decree. The >>>>> decree established riparian rights to the center of water, which might >>>>> have made sense if a small creek divided ajacent lots, but sure as hell
does not make sense for the Great Lakes or even a navigable river. >>>>>
Did common law even apply? Did the federal government's rights get >>>>> inherited by Illinois? I've tried to follow but I get bogged down. >>>>>
But we lack access rights except from a public beach and these do get >>>>> blocked.
So, exactly how far back from the high water mark is California trying >>>>> to preclude rebuilding? It may not be a bad idea but it had damn well >>>>> better compensate land owners.
They (theoretically, just rumors, remember) want to take the whole thing >>>> from
the west/south side of Pacific Coast Highway to the water.
E.g., in the below photo, everything south of the roadway would be condemned
and appropriated by the state.
https://ibb.co/9Stqkg1
That is a lot of land
A lot of very expensive land.
Yeah, that's the one thing that makes me think it's just a pipe dream for >> them. Yes, they'd love to do it, but financially it's a non-starter given >> the
state's current dire economic situation.
them from paying market value for the property.
If Gov. Nuisance can establish some right of the local Indians to the
land between the PCH and the ocean, maybe he can get away with chasing
out the folks in Malibu WITHOUT compensation because they "stole" the
land from the Indians in the first place.
On May 28, 2025 at 8:34:51 PM PDT, "Rhino" <no_offline_contact@example.com> wrote:
On 2025-05-28 10:18 PM, BTR1701 wrote:
On May 28, 2025 at 6:43:17 PM PDT, "shawn" <nanoflower@notforg.m.a.i.l.com>All they have to do is think of a reason to seize the land that exempts
wrote:
On Thu, 29 May 2025 00:12:25 -0000 (UTC), BTR1701 <atropos@mac.com>
wrote:
On May 28, 2025 at 3:41:33 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com> >>>>> wrote:
BTR1701 <atropos@mac.com> wrote:
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>: >>>>>>>> BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in the >>>>>>>>> Palisades has proceeded-- unreasonably slowly, to be sure, but >>>>>>>>> proceeded nevertheless. The same is true in Altadena, the site of >>>>>>>>> the second great fire last January. But the residents of Malibu have
been frozen in time by the state. Nothing is happening. No debris >>>>>>>>> clean-up, no environmental studies, permit applications are held in
limbo, etc. And now the residents are hearing rumors of the reason for
this: the state of California doesn't like people living on the beach.
State bureaucrats have always taken a dim view of homes built right on
the shoreline but haven't been able to do anything about it because
those homes were built in an era when people were mostly free to do
as they liked and the massive regulatory state didn't exist. . . .
I don't think you characterized this correctly. It's my understanding
that there never were exclusive riparian rights and that the public
always had access to the beaches but the state never enforced it to
appeased wealthy people who illegally grabbed the beaches for >>>>>>>> themselves.
The public was excluded but it was illegal to do so, but that's not like
the Great Lakes in which the law is completely muddled, that the public
can be legally excluded, and when lots were sold off in Chicago, lots on
partly or entirely submerged lands were sold off because no one bothered
to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the
shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be >>>>>>>> unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the water is
public property and cannot be owned by anyone from the Mexico border up to
Oregon. (Technically, there's an exception for the federal government in
places like the SEAL training base in Coronado, the Army depot at Point
Dume,
the Marine Corps base at Camp Pendleton, etc. The federal government does
own
those beaches and can exclude the public from them, especially during live
military exercises.) . . .
Thanks for all tnat. We're under that weird Supreme Court ruling that
tried to interpret whether a common law rule establishing riparian >>>>>> rights which wasn't based on parliamentary law but royal decree. The >>>>>> decree established riparian rights to the center of water, which might
have made sense if a small creek divided ajacent lots, but sure as hell
does not make sense for the Great Lakes or even a navigable river. >>>>>>
Did common law even apply? Did the federal government's rights get >>>>>> inherited by Illinois? I've tried to follow but I get bogged down. >>>>>>
But we lack access rights except from a public beach and these do get
blocked.
So, exactly how far back from the high water mark is California trying
to preclude rebuilding? It may not be a bad idea but it had damn well
better compensate land owners.
They (theoretically, just rumors, remember) want to take the whole thing
from
the west/south side of Pacific Coast Highway to the water.
E.g., in the below photo, everything south of the roadway would be condemned
and appropriated by the state.
https://ibb.co/9Stqkg1
That is a lot of land
A lot of very expensive land.
Yeah, that's the one thing that makes me think it's just a pipe dream for >>> them. Yes, they'd love to do it, but financially it's a non-starter given >>> the
state's current dire economic situation.
them from paying market value for the property.
Well, thankfully we have a 5th Amendment that short-circuits all the normal tricks they would play to do that.
Our Takings Clause and the restrictions and requirements for the government are pretty well settled not a lot of wriggle room for the reptiles in Sacramento to get around it. Plus, the California Constitution is even *more* restrictive on government than the 5th Amendment. It was written at a time long before Sacramento had turned into a wretched hive of scum and villainy.
If Gov. Nuisance can establish some right of the local Indians to the
land between the PCH and the ocean, maybe he can get away with chasing
out the folks in Malibu WITHOUT compensation because they "stole" the
land from the Indians in the first place.
That would still be a government seizure of private property and be subject to
the requirements of the 5th Amendment. Meaning the state would have to pay for
it even if they want to just give it back to the Indians. And even if they did, it's not like the Indians could bar the public from being on the land. As
noted above, ownership of the state's beaches is legally prohibited, even by Indian tribes.
On 2025-05-29 2:39 PM, BTR1701 wrote:
On May 28, 2025 at 8:34:51 PM PDT, "Rhino" <no_offline_contact@example.com> >> wrote:I don't know the whole history of the Indian claim on Ipperwash but my perception of it is that the Indians took something that may or may not
On 2025-05-28 10:18 PM, BTR1701 wrote:
On May 28, 2025 at 6:43:17 PM PDT, "shawn"All they have to do is think of a reason to seize the land that exempts >>> them from paying market value for the property.
<nanoflower@notforg.m.a.i.l.com>
wrote:
On Thu, 29 May 2025 00:12:25 -0000 (UTC), BTR1701 <atropos@mac.com> >>>>> wrote:
On May 28, 2025 at 3:41:33 PM PDT, ""Adam H. Kerman"" <ahk@chinet.com>
wrote:
BTR1701 <atropos@mac.com> wrote:
May 28, 2025 at 12:56:17 PM PDT, Adam H. Kerman <ahk@chinet.com>: >>>>>>>>> BTR1701 <atropos@mac.com> wrote:
For the last six months, the rebuilding from the fires in the >>>>>>>>>> Palisades has proceeded-- unreasonably slowly, to be sure, but >>>>>>>>>> proceeded nevertheless. The same is true in Altadena, the site of
the second great fire last January. But the residents of Malibu have
been frozen in time by the state. Nothing is happening. No debris
clean-up, no environmental studies, permit applications are held in
limbo, etc. And now the residents are hearing rumors of the reason for
this: the state of California doesn't like people living on the beach.
State bureaucrats have always taken a dim view of homes built right on
the shoreline but haven't been able to do anything about it because
those homes were built in an era when people were mostly free to do
as they liked and the massive regulatory state didn't exist. . . .
I don't think you characterized this correctly. It's my understanding
that there never were exclusive riparian rights and that the public
always had access to the beaches but the state never enforced it to
appeased wealthy people who illegally grabbed the beaches for >>>>>>>>> themselves.
The public was excluded but it was illegal to do so, but that's not like
the Great Lakes in which the law is completely muddled, that the public
can be legally excluded, and when lots were sold off in Chicago, lots on
partly or entirely submerged lands were sold off because no one bothered
to map the shoreline first.
In my opinion, homes might be built a reasonable distance back from the
shoreline but beach access must never be exclusive.
Of course, you are going to tell me that the distance will be >>>>>>>>> unreasonable, and I'm sure you're correct.
The law in California is that the mean high tide line down to the >>>>>>>> water is
public property and cannot be owned by anyone from the Mexico >>>>>>>> border up to
Oregon. (Technically, there's an exception for the federal government in
places like the SEAL training base in Coronado, the Army depot at Point
Dume,
the Marine Corps base at Camp Pendleton, etc. The federal >>>>>>>> government does
own
those beaches and can exclude the public from them, especially >>>>>>>> during live
military exercises.) . . .
Thanks for all tnat. We're under that weird Supreme Court ruling that
tried to interpret whether a common law rule establishing riparian >>>>>>> rights which wasn't based on parliamentary law but royal decree. The
decree established riparian rights to the center of water, which might
have made sense if a small creek divided ajacent lots, but sure as hell
does not make sense for the Great Lakes or even a navigable river. >>>>>>>
Did common law even apply? Did the federal government's rights get >>>>>>> inherited by Illinois? I've tried to follow but I get bogged down. >>>>>>>
But we lack access rights except from a public beach and these do get
blocked.
So, exactly how far back from the high water mark is California trying
to preclude rebuilding? It may not be a bad idea but it had damn well
better compensate land owners.
They (theoretically, just rumors, remember) want to take the whole thing
from
the west/south side of Pacific Coast Highway to the water.
E.g., in the below photo, everything south of the roadway would be >>>>>> condemned
and appropriated by the state.
https://ibb.co/9Stqkg1
That is a lot of land
A lot of very expensive land.
Yeah, that's the one thing that makes me think it's just a pipe dream for
them. Yes, they'd love to do it, but financially it's a non-starter given
the
state's current dire economic situation.
Well, thankfully we have a 5th Amendment that short-circuits all the normal >> tricks they would play to do that.
Our Takings Clause and the restrictions and requirements for the government >> are pretty well settled not a lot of wriggle room for the reptiles in
Sacramento to get around it. Plus, the California Constitution is even
*more*
restrictive on government than the 5th Amendment. It was written at a time >> long before Sacramento had turned into a wretched hive of scum and villainy.
If Gov. Nuisance can establish some right of the local Indians to the
land between the PCH and the ocean, maybe he can get away with chasing
out the folks in Malibu WITHOUT compensation because they "stole" the
land from the Indians in the first place.
That would still be a government seizure of private property and be subject >> to
the requirements of the 5th Amendment. Meaning the state would have to pay >> for
it even if they want to just give it back to the Indians. And even if they >> did, it's not like the Indians could bar the public from being on the land. >> As
noted above, ownership of the state's beaches is legally prohibited, even by
Indian tribes.
have been legitimately theirs (at least at one point), essentially at
gun point, and the government didn't take it back. I'm not aware of any payments of money going either way so it appears that outright seizing
that land was a successful strategy for the Indians - and a distinct
setback for the rule of law, which seems to have been abandoned in this
case.
made me think something along the same lines but this time perpetrated
by the government *might* have a chance of clearing people out of
Malibu. It looks like I'm wrong though. Given the strength of your Constitution, it looks like any seizure of land on the ocean side of the
PCH *has* to be compensated, presumably at market rates. The cost of
that would appear to be prohibitive given the dire state of California's finances.
Here's hoping developments in the last few years make Californians give
their heads a mighty shake before they go to the polls next year and
choose some sensible leaders for the first time in too many years.
Sysop: | Keyop |
---|---|
Location: | Huddersfield, West Yorkshire, UK |
Users: | 546 |
Nodes: | 16 (2 / 14) |
Uptime: | 03:21:36 |
Calls: | 10,387 |
Calls today: | 2 |
Files: | 14,061 |
Messages: | 6,416,770 |