This paper explores the viability of rolling easements in California as well as how they might be implemented. California has the opportunity to use rolling easement doctrine to fill the public policy vacuum created by the Severance decision. By messing with Texas; precedent, California could utilize rolling easements to preserve public access to its beaches in the wake of coastal inundation resulting from climate change.
Determining whether and how rolling easements might be used in California requires an understanding of climate change as a man-made phenomenon and the impacts it has on coastal property. The next sections will outline this critical background, and are followed by a survey of relevant legal doctrines including takings jurisprudence, property law principles and the public trust. This legal context is essential to understanding the feasibility of the rolling easement concept in California.
DO Mess with Texas ... ? Why Rolling Easements May Provide a Solution to the Loss of Public Beaches Due to Climate Change-Induced Landward Coastal Migration,
San Diego Journal of Climate & Energy Law.
Available at: http://digital.sandiego.edu/jcel/vol8/iss1/6