Coastal Access

* Your editorial “A Sea So Near and So Far Away” (April 28) contains two important misstatements of law. First, the boundary between public and private property along the coast is the ordinary high water mark as established by California Civil Code Section 830. As a result, your statement that “anything that gets wet at high tide is public property” is in error. The public/private boundary is the ordinary or average reach of the tide as established by survey over time.

In addition, the law does not require coastal property owners to dedicate easements across their properties in exchange for permits to build. That exact requirement was struck down by the Supreme Court in the landmark case of Nollan vs. California Coastal Commission. The state can only obtain such easements by agreement with the landowner when such a condition of approval is directly related to the impact of the proposed project.

While it is important that the record is set straight, and that private property rights are protected, the fact remains that the state should do what it can to maintain and make useful the beach access that it has legally obtained. I agree with your statement that “without public funds there is no access.” The keyword is public. If the public wants access, it must pay for it, and I for one hope it does.

FRED N. GAINES

Sherman Oaks