Daniel

ORDER

The Opinion filed March 12, 2002, and appearing in the advance sheets at 282 F.3d 1196 , is hereby withdrawn and replaced by the attached opinion.

With the filing of this new opinion, the panel has voted unanimously to DENY the petition for rehearing filed by Appellees County of Santa Barbara, et al. on March 26, 2002.

The panel has also voted unanimously to DENY the petition for rehearing and the petition for rehearing en banc filed by Appellants Daniel and Hill on March 26, 2002. The full court has been advised of the petition for en banc rehearing, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R.App. P. 35(b).

OPINION

Appellants Ann Daniel and Leonard Hill (“the Daniels”) purchased beachfront property in Santa Barbara County (“the County”) in 1997. In 1974, Carl Johnson, one of the Daniels’ predecessors in interest, made a 25-year “firm, continuing” Offer to Dedicate to the County a five-foot-wide pedestrian and bicycle easement across the property. In 1977, Johnson renewed the offer. These two Offers to Dedicate were exacted by the County in return for granting permits to Johnson to divide and then to build on the…