A Line in the Public Sand

The California Constitution couldn’t be clearer about the public’s right to get to the seashore: “[A]ccess to the navigable waters of this State shall be always attainable for the people thereof.” That’s “always.” Not just when or if the rich and famous of Malibu or Laguna Beach deign to let regular folks slip between their seaside mansions. Members of the California Coastal Conservancy would do well to reread Article 10, Section 4 of the state Constitution before their next meeting because it would seem they don’t quite understand its meaning.

During the 1970s and ‘80s, hundreds of property owners agreed to dedicate pathways across their land to the public in return for the right to build or remodel their beachfront homes. The Coastal Conservancy is responsible for legally formalizing these easement offers before they expire--such as by filing the documents necessary to record the public’s title or building a stairway down a steep cliff to the beach. Once the conservancy has done that, it looks for other local agencies, such as a county, city or a nonprofit group, to take over long-term upkeep of the easement.

But last month, the conservancy inexplicably voted to define circumstances under which it might simply walk away from the most contentious easements, where homeowners and their lawyers are resisting handing over the pathways.

The agency’s action flies in the face of its responsibilities to the public and opens the door to more legal challenges, not fewer.

Most of the 1,264 potential walkways and trails statewide are along beaches, running parallel to the ocean--the public’s legal title is now settled for about half of these. But 139 access paths run perpendicular to the ocean, often from a road to the beach across private land. To secure these public easements, often across prime seaside real estate, conservancy lawyers frequently have to battle wealthy homeowners fighting tooth and nail to keep the public away. To date, public title has been established for 57 of these so-called vertical easements, and only 13 have been opened for public use. In other words, in areas where waterfront homes are shoulder to shoulder, beachgoers have one public path to the ocean for every 100 miles of California coastline. That is a terrible record.

In fairness, the conservancy has a tough job in prodding the reclusive rich to fulfill promises made years ago. Many landowners simply hire lawyers who keep saying “no” until the easement offers expire, usually after 21 years. Once that happens, the right to cross the land is lost forever.

The Coastal Conservancy has an obligation--a public trust--to act to secure every beach access offer outstanding, not to find excuses for abandoning them. Celebrities unhappy at the prospect of the public traipsing by their houses should reconsider where they choose to live.