The Public Trust Doctrine vs. Private Property Rights
In 1981 the California Supreme Court ruled that beach property owned by beachfront landowners on the California side of Lake Tahoe was subject to the public trust doctrine, and "would henceforth be open to the general public, at least up to the high water mark." (Kim DeVincenzi, CFO of Pacific Legal Foundation, "Property rights wrangling could spark Supreme Court's interest", Special to the Tahoe Daily Tribune, August 15, 2010.)
In 2009, the California State Lands Commission "voted to start enforcing an expanded public trust doctrine on private landowners", thereby setting up a potential challenge to the public trust doctrine. In the words of Jim Burling, director of litigation at Pacific Legal Foundation, and Kim DeVincenzi:
“Redefining people's property rights out of existence.” That's what the California Supreme Court did when it announced — suddenly, jarringly, and, frankly, arrogantly — that Tahoe private beaches aren't private anymore. If bureaucrats now insist on enforcing that judicial decree, look for a lawsuit that could end up at the nation's highest court. And don't be surprised if the state loses — and the state's highest court is declared in violation of the nation's highest law.
(DeVincenzi, above.)
If appears that public vs. private rights may be the order of the day on the U.S. Supreme Court's docket for some years to come.
