Back to the beach: Access in Malibu reopens

Finally! The path and pristine views along one of Malibu's most exclusive coastlines are now easily accessible to all of us. After a decade long legal fight that pitted public access advocates against a wealthy homeowner who refused to build a path, the California Coastal Commission officially opened a walkway along the 1.5-mile Carbon Beach earlier in September.

"It's an amazing stretch of coast that should be open to everyone," said Charles Lester, the commission's executive director. This walkway was promised years ago. At the time, it was one of about 1,300 promised walkways, though many never opened.

State law guarantees the public beach access up to the mean high tide line. However, in areas like Malibu, many affluent and influential residents have taken extensive measures to keep the public out of their sandy backyards.

The lengthy legal quarrel over Carbon Beach access dates to the 1980s. The Coastal Commission issued building permits to a family in exchange for providing a public path beside their house. The homeowners put up various impediments, including a 9-foot-high wall, large boulders and a tennis court to resist building an easement. The issue ended up in the courts and Califrnia's 2nd District Court of Appeals ruled in favor of the agency, meaning that the public pathway had a right to be opened.

The settlement required the homeowners to pay $1.1 million in fines. Some of the money will go to the Mountains Recreation and Conservation Authority to operate and maintain the pathway and reimburse the attorney general's office for legal fees.

Graham Hamilton of the Surfrider Foundation said he is pleased with the opening, but acknowledged the remaining challenges ahead. "It's a small victory in a very large battle," Hamilton said. "We hope that any development that is going to take place in the future remembers the citizens' rights under the California Coastal Act and state constitution, which allow public access to coastal lines. “It may be called 'Billionaires’ Beach,' but the pristine views along one of Malibu’s most exclusive coastlines are now more accessible.”

The Coastal Commission plans to open at least 18 additional paths in Malibu.