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The California Coastal Commission is set to empower local government to take thousands of properties through eminent domain along 1,100 miles of coastline to prepare for sea level rise.
Despite California being battered by 4-8 inches of torrential rain and flooding from an El Niño weather cycle, E&E News reported that the State of California in late January will authorize eminent domain authority for local jurisdictions to implement a "managed retreat" policy that will allow taking and demolishing coastal homes and businesses.
California - Coastal - Commission - Draft - Residential
The California Coastal Commission circulated an 87-page "Draft Residential Adaptation Guidance" in March regarding how communities could proactively address sea level rise impacts through Local Coastal Programs (LCPs). Although the CCC draft did not adopt specific retreat guidance, the California Special Districts magazine expects that the CCC will predict a sea level rise of 2.5-5.5 feet and the elimination of 31-67 percent of Southern California beaches by the year 2100.
CCC retreat guidance is expected to also entail dismantling and relocating of dozens of wastewater treatment and power plants; 250 miles of highway; 1,500 miles of roads; and 110 miles of railways, according to the latest California Special Districts magazine.
CCC - Power - Properties - California - Coastal
The CCC does not have the direct power to condemn properties, but under the California Coastal Act, it can task the local cities and counties with coastal zone land use rules for maintaining minimum beach width. The CCC has enormous practical power, since directive language must be recorded in property deeds and disclosed to future buyers.
CCC proposed guidance for the first time would prioritize local entities condemning and taking private homes and businesses to protect shoreline wildlife from "coastal squeeze" caused by retaining walls and other fixed development preventing "landward migration of the beach that would have otherwise occurred."
Nossaman - Eminent - Domain - Valuation - Group
Nossaman's Eminent Domain and Valuation Group, which provides lawyers for valuation disputes between...
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