Scott

In this inverse condemnation action, Jack D. and Angela Adams Scott, as trustees of the Angela Adams Scott trust (together Scott), and Edwin C. Lynch, as trustee under trust agreement dated May 25, 1988, appeal a judgment entered in favor of the City of Del Mar (Del Mar) after the trial court determined Del Mar’s removal of their seawalls, riprap and patios encroaching on the public beach was not compensable under constitutional takings principles. We affirm.

Factual and Procedural Background

Scott and Lynch own neighboring oceanfront homes between 23d and 24th Streets in Del Mar which when purchased had wooden seawalls with riprap in front of the walls and private patios between the walls and homes. The seawalls, built in 1928 (Lynch) and 1946 (Scott), were not on the residential lots but between 15 and 16 feet seaward of the westerly lot lines on public beach.

After storms in 1983 damaged the seawalls, Scott and Lynch’s predecessor in interest made repairs. Del Mar sent Scott a notice the seawall, along with a new windbreak and stairs to the beach, were located 15 feet 10 inches west of the property line and would have to be removed within 10 days unless permits were…