We support our Publishers and Content Creators. You can view this story on their website by CLICKING HERE.
The California Coastal Commission wants to block more SpaceX launches from Vandenberg Space Force Base because they dislike Elon Musk, who has responded by suing the Commission. Musk’s action recalls Nollan v. California Coastal Commission, handled by the Pacific Legal Foundation:
In 1982, Marilyn and Patrick Nollan wanted to convert their one-story beach bungalow into a modest two-story home. The house had been the Nollans’ part-time beach house, but they loved the serene beach views of the Pacific Ocean so much that they decided to add a second story on the house and make it their permanent family home.
The California Coastal Commission agreed to grant the Nollans’ building permit—but only if the Nollans consented to give away one-third of their property to the state (called an “exaction”). The California Coastal Commission said the Nollans’ expanded home would create a “psychological barrier” to the ocean for passing motorists by partially blocking their view of the water
The Nollans filed their lawsuit Nollan v. California Coastal Commission challenging the California Coastal Commission’s property exactions as unlawful takings of property without just compensation. They won in trial court but lost in appellate court, and the California Supreme Court declined to take the case, so in 1987, Nollan v. California Coastal Commission went before the United States Supreme Court and the Nollans finally were vindicated. The Court struck down the California Coastal Commission’s demands for land as unconstitutional and an “out-and-out plan of extortion.”
The impact was swift and lasting. The California Coastal Commission’s rule was struck down in California and new favorable law was created in an additional 29 states. And between law review articles and court decisions, the Nollan v. California Coastal Commission victory has been cited over 9,000 times and is taught in every law school curriculum on property rights.
May Elon Musk enjoy similar success. Let freedom ring.