AN INTRODUCTION TO DEMYSTIFYING CALIFORNIA COASTAL LAW FOR CALIFORNIA REAL PROPERTY ATTORNEYS "A VERY BRIEF HISTORY" (A WORKING WHITE PAPER SERIES) PART 1

Written by Louis A. Galuppo^*

Without a doubt, California has some of the most spectacular coastal landscapes and picturesque and charming communities in the world. This coastal zone is rich in natural resources, historically hewed villages, towns, and cities, coexisting for numerous decades, and in some cases for multiple centuries. The California coast has inspired and caused people from around the world to wonder what it would be like to visit or live by the Pacific Ocean and these marvels should be preserved for the benefit of all to enjoy now and into the future. This series of articles provides a history of the California coasts and the laws related to them, offering a starting point that lays the foundation for further discussion centered around this topic.

Over the past fifty years, but more recently within the last fifteen years, the stunning California coastline and its residents have faced unprecedented loss not seen in well over almost two centuries. Today, more than ever, this is a reoccurring event because of the unpredictable interpretation and application of The California Coastal Act of 1976 ("Act").⁰¹ The intention of the Act was to establish a straightforward and significant right to preserve and protect sandy beaches as well as "existing structures"⁰² (collectively, known as "coastal resources") along the coast from deterioration and destruction, regardless of the cause, including the encroachment of the Pacific Ocean.⁰³

The preservation actions set forth in the Act complement the right to protect one’s property, which is deeply embedded as a core principle in the California Constitution.⁰⁴ Notwithstanding the passage of the Act, the defenses and safeguards provided therein, particularly with respect to residences, seem to be vanishing—much like the sands on California’s beaches. But why has this happened and why does it