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Posts Tagged ‘affirmative servitude’

The California Coastal Commission wants YOUR home - part 1

Friday, March 27th, 2009

Treachery on the California Coast!

Dan and Denise Sterling's four children

Dan and Denise Sterling's four children

A family in El Granada filed suit against the California Coastal Commission Wednesday to retain a 143-acre piece of Coastside property without converting part of it to farmland.

Plaintiffs Dan and Denise Sterling sought to build a house on their land and, in applying for a building permit, hit a snag, according to the Pacific Legal Foundation. 

[T]he Coastal Commission will not grant them [Dan and Denise Sterling] a building permit unless they give the state an agricultural easement over most of their property - more than 140 acres - and pledge that it will be forever dedicated for farming or cattle grazing.”

“In essence, the commission is trying to force the family into the farming or ranching business - and trying to coerce them into turning their property into perpetual open space, without being compensated a penny,”

-Harold Johnson, Pacific Legal Foundation

The Sterlings have been living in a mobile home since buying the land, all the while attempting to secure a building permit for an approximately 6,000 square-foot home. They have continued to graze cattle. The homesite would not displace any land being farmed or used for grazing. In 2006, they finally acquired a permit from the County, but it was appealed to the Commission by the Commission.

Commission staff recommended a permit imposing an “affirmative” agricultural easement the Sterlings’ land

After substantial delay, the Commission finally held a hearing on the Sterlings’ proposal on February 5, 2009. At the hearing, the Commission staff recommended a permit condition requiring imposition of an “affirmative” agricultural easement on all of the Sterlings’ land outside their 10,000 square foot building area. The Commission approved it. The condition requires the Sterlings to dedicate an easement to a public or publicly approved trust group which requires the land to be farmed forever.

The condition allows the holder of the easement to come in on the Sterlings’ land…

The Sterlings object to the condition because it prevents them from ever subdividing their land, transfers their development rights to the public, and imposes an affirmative servitude on their land. They have requested PLF’s assistance in obtaining a judicial ruling striking down the easement condition.

(Source: Pacific Legal Foundation)



 
 
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