Won: The Coastal Commission settled; the Seiders can post signs on their private property.

Dennis Seider is a retired attorney in California. Given that much of his 40-year career was spent practicing maritime law, it was only fitting that Dennis and his wife, Leah, settled at their beachfront home in Malibu.  

Situated next to a public beach, the Seiders’ property includes an easement for beachgoers that covers a section of the beachfront from the water up to their private land.   

It’s not clear where the public beach ends and the private property begins. So a neighbor helpfully posted a “Private Beach” sign to keep beachgoers from wandering onto the Seiders’ private property—only to be threatened by the California Coastal Commission, which considered the sign unpermitted development.  

Dennis took down the sign, but without it, people assumed all the land behind his house was entirely public. A growing number of people walked across and even hung out on the Seiders’ private property, often disputing that their beach is private.  

When Dennis asked the city about getting a permit for another sign, he was told Malibu’s Local Implementation Plan, foisted on the city by the CCC, prohibits any signs that identify the boundary between public property and private property.  

Dennis considered applying for a permit until he discovered the application included an indemnification clause that might require him to pay the city’s tab for any legal challenge to his permit. Many coastal permits are challenged by environmental groups in court, so a simple permit application could result in hefty costs down the road.  

Represented by PLF free of charge, Dennis and Leah fought back with a federal lawsuit to restore their private property rights, including the right to use a true and accurate sign to exclude trespassers.   

After years of litigation, the Coastal Commission relented.  

In 2024, the commission settled the lawsuit and the Seiders were allowed to post truthful signs on their property informing beachgoers what parts of the beach are public and which are private. 

What’s At Stake?

  • Property owners have the right to tell the public where their property begins and ends. The California Coastal Commission shouldn’t deprive property owners of reasonable means of enforcing this right.
  • Government can’t chill free speech by forcing people seeking a permit to pay a city’s legal fees should anyone challenge the permit grant.

Case Timeline

October 20, 2022
September 24, 2020
Complaint
US District Court, Central District of California

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