Grupe

Introduction

The California Coastal Commission and the State of California appeal from a judgment for damages and a judgment granting a writ of mandamus ordering the Coastal Commission to remove from a new development permit a condition requiring respondent to offer to dedicate a public access easement along the beach fronting his property. We examine the disputed condition and conclude that it was properly imposed and does not offend applicable constitutional principles. We therefore reverse the judgments accordingly.

Facts

This case concerns the validity of a condition imposed on a permit for coastal development issued by the Central Coastal Regional Commission (Regional Commission) of the California Coastal Commission. The subject property—a beachfront residential lot in the Aptos area of Santa Cruz County—was purchased by respondent Greenlaw Grupe in September of 1979. The lot covers approximately 15,250 square feet and is located just seaward of Beach Drive in Aptos. Respondent’s lot is one of 29 lots seaward of Beach Drive, and, in 1980, was one of only six undeveloped lots in that area. The Beach Drive enclave is a private “locked gate” residential community.…