Long Beach Peninsula-Property Encroachments and Market Report

Laurie - what will be the ramifications when these people go to sell?  I am heading out to the outside world to see it that is addressed

Just goes to show you, politics and money = ? Seems the councilman is also busted. Did you ever wonder where all his money comes from? Hum, I wonder, LOL

Did all of the home owners knowingly encroach? I hope not. I like to think better of people.

I read the article over at The District and thought "My God, what brass"! I showed several multi-million dollar properties on the Peninsula this week. One of the main features my buyers were interested in was a large beachfront deck so that he had a place to smoke his cigars. Can you just imagine finding out the deck had to go after the close of escrow? Can you say nightmare?

Thesa,  Disclosure of the issues naturally and either correction or concessions I would think at the very least.  That is if they get past a sloppy appraiser and the lender if there is one. 

William,  Did you ever!?!   I just can't get over the brass of some people!

Rosario,  I think most homeowners are acutely aware of their property lines.   

Shucks.  I believe that they should, at the least, get a bill from the city for land use.  Send them a bill for rent owed, plus penalties and interest.

What about adverse possession??  I don't believe one can get title from the state through adverse possession.  Only from each other.

It's amazing what folks can get by with if they just try. 

I now feel compelled to comment because you have the stalker widget.  I fell the need to click on the google adds, too.  hehe

I was going to ask about the adverse possession, but as Len commented it is unlikely they would get title from the State. 

Laurie,

The question is....does the word eminent domain or easement apply?

After how many years does the piece they encroached on officially become theirs and what happens when they sell..does it revert back to state and do the need to remove that piece?

Lenn,

I thought about the adverse possession angle and the ensuing national publicity over a politician pulling that stunt on their personal holdings, especially with state owned property and what great blog fodder that would make.  This post put my LBREH blog in the #1 Google spot for Long Beach Alamitos Peninsula, put the LBREH post in the #2 position and the AR post in the #3 position within 5 minutes of hitting the post button.  It also put LBREH onto page one of Google for the search term Frank Colonna.  I believe that is called 'Power to the People'.  

If the state can hold Realtors to a higher standard, then ignorance isn't acceptable from our leaders.  I believe the offenders should correct the situation by removing the illegal infringements in the same manner that other citizens would have to if they crossed property lines illegally.  

Jennifer, 

I certainly hope that the state would not consider such a foolish move.  California has a very long coastline, the precedent that they would set for future claims would be substantial.   

Neal,

Eminent domain is the taking of private property for the public good.  I don't think the illegal taking of state land for personal use and gain would qualify.  Would that then be called Reverse Eminent Domain? 

An easement would be for the use of ingress and egress and would not apply here, this land was basically stolen for personal enjoyment. 

It is not a matter of it reverting to the state, it belongs to the state now.  

As to what happens when they sell.  Well that would depend on whether or not they disclosed the indiscretion.  If they didn't they would be guilty of the theft of state land (IMHO), and non-disclosure.  The buyer, if required to remove the encroachment, would have to seek damages from the seller. 

Quite frankly I think they should be made to remove the illegal additions onto their homes immediately.  I further believe that the homeowners should be punished.  A good punishment would be the state ordering them to perform beach cleanup in orange jumpsuits for a good long time, under state supervision. 

Laurie,

Interesting post. Wouldn't be surprised if this hasn't happened in other areas, yet thats no excuse for allowing it to continue. Heard from anyone in the city yet?  As far as I'm concerned, the only appropriate remedy would be to immediately (within 120 days) remove any and all encroachments. In the absence of that the state, county  (whatever the municipality) do the same thing and then lien the property.

One more thing, I'm surprised that none of the title companies have picked up on this yet. They occasionally make a site visit to view things just like this. They do it occasionally, yet not routinely. I would think things like this would be a red flag to them.

This has happened in Newport Beach also, according to the OC Register reports.  Lots of homeowners on the peninsula, and in West Newport have extended their properties out on to the beach, planted gardens, and placed furniture on the encroached properties.  I don't think they have gone as far as building decks or permanent structures, but they have definitely made it appear to beach goers that they own the property in front of their homes.

I can't imagine a politician blatantly building on to state property, then claiming ignorance as an excuse!  If the word gets spread, Colonna may not get re-elected! 

Lynda,

Last night was the first I heard about this,  will be interesting how they handle the exposure.  I like your solution, but I still think they would look good in orange jumpsuits for a while, just for the nerve of it.  I had not heard of the title companies making these kind of visits, but it sounds like a good idea.  Definitely a red flag for them.  

Vicki,

That is interesting about Newport peninsula.  I really don't think anybody would mind if the homeowners planted flowers along their property lines on the beach, tossing some beach chairs out would be fine also, after all the beach is public and there for the use of everyone. Removing the beach from public use is going a bit too far.  Has anybody complained or done anything about it?

But building out onto it and over it?  Walling it in?  Putting up No Tresspassing signs on a public beach, are all soooooo very far over the edge.   It's the claiming ignorance that really got me too.  But then, he is the only one of the 31 offenders that was quotable.  I can only imagine what the rest of them will say. 

Not get re-elected, look at some of our other political figures that get re-elected that shouldn't.  It is the dumbing down syndrome.  Sad, huh? 

Special Comment to Chris Elizabeth.  I understand that some members have a phobia about the mybloglog widget, I don't, I like seeing my friends faces, whether they comment or not.  

I forgot I logged back into mybloglog and when i got to your blog it startled me.  There I am AGAIN!

When I lived in Newport, Rhode Island, there was a constant issue of "Fisherman's Rights" along the shoreline of the ocean. Along the Cliff Walk, a 3 mile path along the water - which put it at the end of the lawns of the mansions (European style like the Breakers and the Marble House, not McMansions), there were a few homeowners who would put up fences, and then legally have to take them down. One house actually built a tunnel across their property so that the fishermen and/or tourists or locals could get across their property without being on their lawn.

shows how seriously people take permitting... and the planning commissions in general!

Hi Laurie -

Here's the link to the series of articles about it in Newport Beach.  The Coastal Commission seems to have the jurisdiction over beach property, so if the city won't do what's right, maybe a call to them will get some action going.

http://www.ocregister.com/columns/mickadeit/mick_beachfront.shtml

Vicki

Manhattan Beach solved the problem many years ago by allowing homeowners on walkstreets and The Strand to use public property for a garden or yard but no permanent structure.. so far so good.

Pretty cool---beachfront property for zero cost and not taxed.  Now that's a fine how do you do.  They're having a similar problem on Balboa Penninsula in Newport Beach. Pretty sad.  I wonder what would happen if we all just started building out onto greenbelts and slopes in our cities?  Do you suppose we might just hear a knock at the door? 

Sharon,  They sound like they were solution based. 

David, How true!  Utter contempt for the law.

Vicki, Thanks a bunch I will check it out.

Kaye, That would seem to work and be in line with what Vicki said was going on in Newport.

Marlene, Ya think?  The same politicians who have so much contempt for the law and do this themselves would probably lead the charge against you.