Court Upholds Public Right to Aptos Beach Walkway in California

Dispute Over Coastal Access Settled in County’s Favor

APTOS, Calif. — A California appellate court has overturned two lower court rulings and confirmed Santa Cruz County’s right to keep a disputed beachside walkway open to the public.

In a 39-page decision issued Thursday, the state’s Sixth Appellate District ruled that the county holds a valid right-of-way easement on a 37-foot-wide concrete walkway that runs along the back of homes next to Seacliff State Beach in Rio Del Mar. The ruling settles a years-long conflict between the county and 27 homeowners who argued that the path was private patio space.

A Long-Running Legal Battle

The walkway, about a quarter mile long, has been at the center of litigation since December 2018. That year, Santa Cruz County demolished a fence, gate and wall that blocked the path, reconnecting it to nearby sidewalks. Homeowners soon sued, claiming the opening exposed them to vandalism, loss of privacy and safety concerns.

The county countered with evidence dating back to 1928, when the subdivision map was recorded by the original developer. It argued that public records, planning documents and permits from the 1950s and 1980s established the walkway as a public right of way.

In 2022, a Santa Cruz County Superior Court judge sided with the homeowners, ruling that the county had no interest in the land. That decision, finalized in February 2024, also ordered the county to pay $3.7 million in damages for inverse condemnation. A separate order in December 2023 allowed homeowners to fence off the area.

Appeals Court Reverses

The appellate panel found those rulings legally flawed. Acting Presiding Justice Allison Danner, joined by Justices Charles Wilson and Daniel Bromberg, wrote that the trial court’s reasoning was unsound and that the county does have an interest in the walkway.

“We reverse the judgment in its entirety,” the opinion stated. The justices also vacated the injunction that had allowed fencing at either end of the path.

Reactions to the Decision

Santa Cruz County officials welcomed the outcome. “The Court’s well-reasoned decision properly recognizes that the public has a legal right to use this ocean-front walkway,” county spokesperson Jason Hoppin said in a written statement. He credited the California Coastal Commission and community partners for supporting the case.

The homeowners’ attorneys signaled they may challenge the ruling. “We are discussing next steps with our clients, including appealing the decision,” a spokesperson for Nossaman LLP, the law firm representing the homeowners, said Friday.

Role of the Coastal Commission

The California Coastal Commission has closely followed the dispute. The agency argued that permits it issued in the 1980s for protective construction along the shoreline required continued public access. The homeowners rejected that interpretation, leading the commission in December 2023 to issue $4.7 million in fines — the largest penalty in Santa Cruz County history.

County Supervisor Justin Cummings, who served on the commission at the time, celebrated the appellate decision. “This is a huge win for public access in Santa Cruz County!!!” he wrote on social media.

The homeowners may appeal to the California Supreme Court, but for now, the ruling secures public access to the walkway.